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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17529
Experience:  B.A.; M.B.A.; J.D.
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I am a landlord in huntington, ny, I had a nonpayment action

Customer Question

I am a landlord in huntington, ny, I had a nonpayment action against a tenant that went on appeal. The appeal court gave a stay of eviction pending appeal with a monthly undertaking on the part of the tenant. During the appeal I went to a lower court with a holdover action against the same tenant and obtained another warrant of eviction. The tenant won the appeal. I then went back yo another local court and sued the tenant for 7 years rent that included the period of the holdover action. I obtained a judgment and warrant from that action. This is now on appeal. Can I evict the tenant with the holdover warrant?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 5 months ago.

Can I evict the tenant with the holdover warrant?

Response: Yes, you can since the Tenant has not specifically appealed from that Judgment.

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