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)

/by
You might also like
PLAINTIFF’S HOSTILE WORK ENVIRONMENT CAUSE OF ACTION SHOULD NOT HAVE BEEN DISMISSED (FIRST DEPT).
Failure to Comply with California Insurance Law Rendered Arbitration Clauses in Agreements Issued by a California Workers’ Compensation Insurance Carrier Unenforceable
THE JURY WAS NOT INSTRUCTED THAT ACQUITTAL ON THE TOP COUNT BASED ON THE JUSTIFICATION DEFENSE REQUIRED ACQUITTAL ON THE LESSER COUNT; ALTHOUGH DEFENSE COUNSEL DID NOT OBJECT TO THE JURY INSTRUCTIONS, THE APPEAL WAS CONSIDERED IN THE INTEREST OF JUSTICE (FIRST DEPT).
MUNICIPAL DEFENDANTS NOT LIABLE FOR INJURY CAUSED BY BICYCLE-RIDING IN PUBLIC PARK, DESPITE REGULATIONS PROHIBITING BICYCLE-RIDING; QUESTION OF FACT WHETHER THE DEFENDANT HIRED TO CARE FOR THE CHILD WHO STRUCK INFANT PLAINTIFF WAS AN EMPLOYEE OF THE CHILD’S FATHER (RESPONDEAT SUPERIOR) OR AN INDEPENDENT CONTRACTOR; QUESTIONS OF FACT WHETHER THE DEFENDANT CARE-GIVER WAS NEGLIGENT IN SUPERVISING THE CHILD (SECOND DEPT).
DEPRAVED INDIFFERENCE MURDER CONVICTION AFFIRMED; DURING A POLICE CHASE, DEFENDANT DROVE THE WRONG WAY ON A HIGHWAY AND CRASHED HEAD-ON INTO AN ONCOMING CAR (FIRST DEPT).
STATEMENT BY UNIDENTIFIED BYSTANDER, AUDIBLE ON THE 911 CALL, ADMISSIBLE, EVIDENTIARY RULINGS ARE NOT SUBJECT TO THE LAW OF THE CASE DOCTRINE.
PETITIONER, A PRIVATE SCHOOL FOR DEVELOPMENTALLY DISABLED CHILDREN, HAD EXHAUSTED ITS ADMINISTRATIVE REMEDIES IN SEEKING REIMBURSEMENT FROM THE NYC DEPARTMENT OF EDUCATION FOR 24-HOUR CARE FOR A STUDENT WITH AUTISM, MATTER REMITTED WITH INSTRUCTION THAT THE DOCTRINE OF ESTOPPEL, BASED UPON A PROMISE TO REIMBURSE, MAY APPLY (FIRST DEPT).
Interplay Between New York Labor Law and Federal Longshore Workers’ Compensation Act Discussed

Categories

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

Copyright © 2022 New York Appellate Digest, LLC
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...