Warrant Vacated

March 1, 2001

LVT Number: 14775

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to vacate the warrant and restore him to possession. The court ruled for tenant. Landlord appealed and lost. Tenant sought assistance in paying back rent from DSS. At the time tenant was evicted, DSS had approved, but not paid, the back rent owed. The lower court properly used its discretion in ruling that tenant should be restored to possession.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was evicted. Tenant then asked the court to vacate the warrant and restore him to possession. The court ruled for tenant. Landlord appealed and lost. Tenant sought assistance in paying back rent from DSS. At the time tenant was evicted, DSS had approved, but not paid, the back rent owed. The lower court properly used its discretion in ruling that tenant should be restored to possession.

NYCHA v. Bonelli: NYLJ, 2/5/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

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