Brause v. Polonez Press Box, Inc.

OPINION OF THE COURT

David B. Saxe, J.

Can a tenant who has delayed and avoided ejectment from his apartment (1) by twice filing for bankruptcy and (2) pursuant to an evaluation instituted on his behalf by the New York City Protective Services for Adults now avoid ejectment because in between the order of ejectment and the present, the premises were conveyed to a new owner? Put another way, may the new owner enforce the judgment of ejectment in the absence of being a party in whose favor the order of ejectment runs?

The defendant tenant moves to vacate or stay enforcement of the orders…