Former Occupant Can't Be Restored to Possession

Landlord sued to evict occupant for nonpayment of rent. Apartment occupant signed a stipulation agreeing to pay the back rent owed. Occupant was evicted for not paying the amount due under the stipulation. She then asked the court to restore her to possession. She claimed landlord told her she'd be allowed to move back in if she paid the amount owed. The court ruled for occupant, and landlord appealed. Landlord denied that any such agreement was made. The appeals court ruled for landlord. The trial court didn't find that landlord had agreed to restore occupant to possession but had ruled for occupant simply because occupant thought that if she paid the judgment, she'd be allowed to move back in. Since landlord didn't agree to this, there was no reason to restore occupant to possession after eviction.

Double A Property Assocs. v. DeLeon: NYLJ, p. 29, col. 1 (3/25/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Patterson, JJ)