Warrant Vacated

September 30, 2002

LVT Number: 16107

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant until Oct. 8, 2001. The court said that if tenant paid September and October rent by that date, the warrant would be vacated. Tenant later asked the court to vacate the warrant, claiming that he had sent rent payments to landlord on time. The court ruled against tenant. Tenant appealed and won. Landlord denied receiving the October payment, but tenant showed a mail receipt and bank check.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant until Oct. 8, 2001. The court said that if tenant paid September and October rent by that date, the warrant would be vacated. Tenant later asked the court to vacate the warrant, claiming that he had sent rent payments to landlord on time. The court ruled against tenant. Tenant appealed and won. Landlord denied receiving the October payment, but tenant showed a mail receipt and bank check. So tenant had complied with the court order, which landlord didn't appeal.

Chan v. Sheppard: NYLJ, 9/24/02, p. 19, col. 5 (App. T.2 Dept.; Pesce, PJ, Aronin, Rios, JJ)

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