Warrant Wasn't Amended to Name New Landlord
LVT Number: #22046
Landlord, who was building’s temporary receiver, sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Eviction was delayed as long as tenant paid a portion of the back rent owed each month. A judgment and warrant were issued in landlord’s favor. Later, tenant was evicted by new landlord after violating the settlement agreement. Tenant asked the court to restore her to possession. She claimed the eviction warrant was invalid because it wasn’t changed to name new landlord. The court ruled for tenant. The eviction was invalid because the judgment was entered in landlord receiver’s name, and once landlord transferred the building to new landlord, he had no authority or interest in the premises. Landlord should have sought an amendment of the warrant. The court ruled that tenant should be restored to possession of the apartment.
164 West 146th Street LLC v. Ramirez: NYLJ, 7/1/09, p. 26, col. 3 (Civ. Ct. NY; Kaplan, J)