When Clarkstown Housing did not receive payment, a warrant of eviction was issued based on an attorney's affirmation which contended that the terms of the stipulation had been breached. In an unusual turn of events, April's attorney moved to vacate the warrant, claiming "that [April] had timely paid a portion of the funds into his office's escrow account, but, through his own omission, these funds had not been transferred to [Clarkstown Housing]."
When the Rockland County Justice Court denied her request, April appealed to the Appellate Term, Second Department.
In the AT2's view, the evidence demonstrated that April had all the required funds available and that her attorney had an excuse for failing to transmit the monies to the landlord. As a result, the appellate court was of the opinion that the "inadvertent default" was excusable and should not result in the tenant's eviction.
This April wasn't about to get showered on.
For a copy of the Appellate Term's decision, please use this link: Clarkstown Housing Associates v. Henderson