Rockaway One Co. v. Williams

OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed without costs and decision dated February 18, 2003 modified to provide only that tenant’s motion to stay the issuance and/or execution of the warrant based on her nonpayment of the October 2002 rent is denied.

In this holdover proceeding based on chronic nonpayment, a final judgment was entered on April 5, 2002 awarding landlord possession and the sum of $5,096.74, after tenant failed to make a payment due under a stipulation. Although denominated a “holdover” judgment, this judgment was treated by both the Housing Court and…