Tobias Corp. v. Jones

—In an action for ejectment, the defendant appeals from a judgment of the Supreme Court, Kings County (Shaw, J.), dated September 10, 1995, which is in favor of the plaintiff and against her, inter alia, awarding delivery of possession of the property to the plaintiff.

Ordered that the judgment is affirmed, with costs.

Contrary to the contentions of the appellant tenant, where she failed to tender the proper amount due for use and occupancy prior to the issuance of the warrant of eviction, the court acted properly and within its discretion in issuing the warrant of eviction (see, New York City…