Court Gives Tenant More Time in Chronic Nonpayment Case
LVT Number: #23857
Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay a specified sum of back rent owed. Tenant breached the agreement, and landlord obtained a judgment of possession and money judgment of $6,200. Landlord and tenant then signed a second settlement agreement by which landlord extended tenant's time to pay additional rent now owed as well as the judgment sum. Tenant then applied to several organizations for the money and received a commitment letter from one of them for the full amount due. Tenant asked the court to delay eviction again while he waited for payment. The court refused. Tenant appealed and won. Given the long tenancy, tenant's efforts to seek assistance and the terms of the settlement agreement, the appeals court ruled for tenant.
Bushwick Properties LLC v. Wright: Index No. 2543KC/2010, 2011 NY Slip Op 52389(U), 2011 WL 6934404 (App. T. 2 Dept.; 12/23/11; Pesce, PJ,Steinhardt, J, Weston, J [dissenting])