Disputed Rent Monies Must Be Released to Landlord

May 31, 1994

LVT Number: 8838

Landlord sued to evict loft tenant for nonpayment of rent. By stipulation in 1988, the disputed rent was paid into court until the Loft Board decided the legal rent. The Loft Board ultimately ruled for landlord as to the amount of legal rent, and this ruling was upheld by the courts. So, the court in the nonpayment case ordered that the disputed rent be released to landlord. Tenant objected. The trial court and appeals court ruled against tenant. Tenant was bound by the stipulation.

Landlord sued to evict loft tenant for nonpayment of rent. By stipulation in 1988, the disputed rent was paid into court until the Loft Board decided the legal rent. The Loft Board ultimately ruled for landlord as to the amount of legal rent, and this ruling was upheld by the courts. So, the court in the nonpayment case ordered that the disputed rent be released to landlord. Tenant objected. The trial court and appeals court ruled against tenant. Tenant was bound by the stipulation. Tenant couldn't rely on a court order, based on an action between landlord and other tenants in the building to bar landlord's recovery of the back rent in this case.

Krax Peripatie Apanu Stu Krokodrilos Tus Platos, Ltd. v. Swing: NYLJ, p. 21, col. 4 (5/10/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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