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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kern v. Guller, 40 A.D.3d 1231 (2007)

Citation
Kern v. Guller, 40 A.D.3d 1231 (2007)
Parent Document
Kern v. Guller, 40 A.D.3d 1231 (2007)
Jurisdiction
New York (state)
Effective Date
2007-05-10

Full Text

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Finally, respondent contends that the warrant was improperly issued because no final judgment was in existence when the warrant was signed. Justice Court announced at the hearing, in respondent’s presence, that it was rendering judgment in favor of petitioner for possession of the property and some amount of rent, and the warrant of eviction referenced the judgment. The court only delayed in issuing a written judgment for respondent’s benefit, to afford him an opportunity to provide proof of payment of some rent and thereby determine the amount still unpaid (compare Witt-Stuart Realty Corp. v Mantell, 155 Misc *1233165, 166-167 [1935]). Under the circumstances, Justice Court properly issued the warrant and County Court appropriately affirmed.