Warrant Vacated

April 30, 1999

LVT Number: 13180

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant didn't make back rent payments under a court agreement. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant had paid rent through the end of December 1997 by money orders earmarked for specific months. Landlord had accepted these payments, including payments for the period after the judgment was issued in October 1997.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord after tenant didn't make back rent payments under a court agreement. Tenant later asked the court to vacate the eviction warrant. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant. Tenant had paid rent through the end of December 1997 by money orders earmarked for specific months. Landlord had accepted these payments, including payments for the period after the judgment was issued in October 1997. So landlord lost its right to evict tenant for not paying the back rent due under the judgment.

Balfour Court L.P. v. Clarke: NYLJ, p. 30, col. 3 (4/6/99) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Scholnick, JJ)

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