David v. Belclare Estates, Inc.

In the underlying summary proceeding the tenant was not represented or advised by counsel. She failed to pay the rent required by the final order of the Municipal Court in such proceeding, before the expiration of a 10-day stay, due to an alleged lack of understanding of the terms of the order. In consequence, the tenant faces eviction under the warrant.

While the law in this area requires painstaking distinctions, it is conceded by the parties and is therefore accepted that, in this action for an injunction staying execution of the warrant to dispossess tenant, the tenant may not obtain…