Eviction Delayed for Disabled Tenant

Landlord sued to evict tenant, who was physically disabled. Landlord and tenant signed a settlement agreement in court in November 2004. An eviction warrant was issued, but delayed so landlord could repair building stairway. The repairs were needed so tenant could go up and down the stairs with her belongings. The settlement agreement also stated that if landlord didn't make the repairs, tenant's time to move out would be extended. In July 2005, tenant asked the court to extend her time to move, claiming that there were problems with the stairway. HPD inspected in September 2005 and found no defects in the stairway. The court delayed eviction only until Dec. 31, 2005. Tenant appealed, and asked the court to vacate the settlement agreement and warrant for good cause shown. The appeals court ruled against tenant. Tenant showed no good cause to vacate the settlement agreement or warrant. Otherwise, tenant had gotten what landlord agreed to. The eviction had been delayed, and the stairway had been repaired.

Jakab v. Wagenhoffer: NYLJ, 12/4/06, p. 49, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Belen, JJ)