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Posted by Jamie on February 09, 1999 at 22:09:55:

I live in Manhattan and there was a non-payment case on this apartment when my roommate didn't pay rent last June, 1998. The landlord got a default judgment that month and served an eviction notice in November, 1998 after the building was sold to a new owner in October 1998. I know that the eviction notice was illegal because the new owner did not make a motion to take over the case, and the old owner requisitioned the warrant after the sale of the building in October, 1998. I filed bankruptcy and stayed the eviction in November 1998. That bankruptcy was dismissed and the old landlord again got another warrant, or the same warrant was served February 8, 1999. I checked the Deed, and the building was sold to a new owner, whose name is not on the warrant, last October.

What should I say in an Order to Show Cause? I had heard that a warrant is only good for 30 days. Is this true? The warrant looks identical to the old warrant from November 1998 and has the same L & T docket no. & Marshal's docket no. and I went to the Civil Court two weeks ago and the new owner has not made any motions to court in this case.

Could you advise me on what grounds I could vacate this warrant of eviction if you can.

Thank you,

Jamie

Follow Ups:

• Re: Unlawful eviction, old landlord gets a warrant TenantNet 2/20/99 (0)

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: I live in Manhattan and there was a non-payment case on this apartment when my roommate didn't pay rent last June, 1998. The landlord got a default judgment that month and served an eviction notice in November, 1998 after the building was sold to a new owner in October 1998. I know that the eviction notice was illegal because the new owner did not make a motion to take over the case, and the old owner requisitioned the warrant after the sale of the building in October, 1998. I filed bankruptcy and stayed the eviction in November 1998. That bankruptcy was dismissed and the old landlord again got another warrant, or the same warrant was served February 8, 1999. I checked the Deed, and the building was sold to a new owner, whose name is not on the warrant, last October. 

: What should I say in an Order to Show Cause? I had heard that a warrant is only good for 30 days. Is this true? The warrant looks identical to the old warrant from November 1998 and has the same L & T docket no. & Marshal's docket no. and I went to the Civil Court two weeks ago and the new owner has not made any motions to court in this case.

: Could you advise me on what grounds I could vacate this warrant of eviction if you can.

: Thank you,

: Jamie


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