1325 Parkway Estates, LLC v. Weathers, N.Y. Law Journal – Case Brief Summary (New York)

In 1325 Parkway Estates, LLC v. Weathers, N.Y. Law Journal, July 23, 1997, at 28, col. 5 (Civ. Ct., Kings Co.), the tenant had stipulated to pay February rent by a date certain in February or a warrant would issue. She failed to make the payment on time. However, she paid more than the stipulated amount in March. The landlord allocated the payment to March rent, which left a balance still due under the February stipulation, and on this basis obtained a warrant and had the tenant evicted.

The court held that the money should have been allocated first to the older sum outstanding under the stipulation, and on this basis vacated the warrant, directed a replacement tenant to vacate, and ordered the tenant let back into possession.