You are here: / / MOTION TO VACATE THE EXECUTED WARRANT OF EVICTION PROPERLY GRANTED.

MOTION TO VACATE THE EXECUTED WARRANT OF EVICTION PROPERLY GRANTED.

The First Department, over an extensive concurrence by Justice Saxe, determined Civil Court properly granted tenant’s post-eviction motion to vacate the warrant of eviction and restore the tenant to possession. The tenant was disabled and had trouble securing the emergency rental assistance to cover the arrears. Eventually the landlord was paid in full and the costs of the eviction were reimbursed. The concurrence expressed concern over the validity of the relevant precedent and the need for landlords to essentially lend money at no interest to low-income tenants “who rely on the slow process of obtaining grants and supplemental payments to cover their rent.” With respect to the authority to vacate an executed warrant of eviction, the court wrote:

We reject the landlord’s contention, premised on RPAPL 749(3), that the Civil Court lacked the authority to grant the tenant’s post-eviction motion … . “[T]he Civil Court may, in appropriate circumstances, vacate the warrant of eviction and restore the tenant to possession even after the warrant has been executed” … . Here, the Civil Court providently exercised its discretion, as the record shows that the long-term, disabled tenant “did not sit idly by[,]” but instead made appreciable payments towards his rental arrears and “engaged in good faith efforts to secure emergency rental assistance to cover the arrears” … . Moreover, the tenant has paid the rental arrears for the unit and the landlord’s costs for the underlying proceeding …, and the record shows that the delays in payment were, to a certain extent, attributable to others, including the landlord … . Matter of Lafayette Boynton Hsg. Corp. v Pickett, 2016 NY Slip Op 00253, 1st Dept 1-14-16

 

LANDLORD-TENANT (MOTION TO VACATE EXECUTED WARRANT OF EVICTION PROPERLY GRANTED)/EVICTION (MOTION TO VACATE EXECUTED WARRANT OF EVICTION PROPERLY GRANTED)

You might also like
New York Has Not Adopted the “First Clause” Doctrine for Interpretation Contracts with Conflicting Provisions
DRUG FACTORY JURY INSTRUCTION NOT SUPPORTED BY THE EVIDENCE, NEW TRIAL ORDERED (FIRST DEPT).
Testimony that Bus Company Held to Higher Standard Required Reversal
LEGAL MALPRACTICE ACTION BROUGHT BY A NEW JERSEY RESIDENT IS UNTIMELY PURSUANT TO NEW YORK’S BORROWING STATUTE, NEW YORK’S SHORTER STATUTE O
RECORD OF DEFENDANT’S ACQUITTAL SHOULD NOT HAVE BEEN UNSEALED FOR USE IN A SENTENCING PROCEEDING, RECORD SHOULD BE RESEALED BUT ERROR WAS HARMLESS (FIRST DEPT).
Presumption Disability Related to World Trade Center Work Not Rebutted
Cross-Examination About the Omission of Exculpatory Information from a Statement Made to Police Is Not the Same as Cross-Examination About the Exercise of the Right to Remain Silent
LOCAL RESIDENTS OPPOSING THE USE OF A HOTEL AS A HOMELESS SHELTER RAISED A QUESTION OF FACT ABOUT WHETHER THE CONFIGURATION OF THE BUILDING WOULD ALLOW ADEQUATE ACCESS BY FIREFIGHTERS (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

STACKED SCAFFOLDING FRAMES WHICH TOPPLED ONTO PLAINTIFF DID NOT CONSTITUTE AN... QUESTION OF FACT WHETHER HOTEL DEFENDANTS WERE VICARIOUSLY LIABLE FOR THE NEGLIGENCE...