Hearing Required on Whether Tenant Complied with Settlement Agreement

July 31, 2004

LVT Number: 17476

Landlord sued to evict long-term tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed that he owed $2,500 in back rent and agreed to make eight payments of $500, including current rent, on certain dates over a three-month period. Landlord later claimed that tenant didn't pay, and sought eviction under the terms of the agreement. Tenant asked the court to vacate the judgment and eviction warrant. He claimed that he had paid all or part of the rent due under the agreement. The court ruled against tenant for lack of proof.

Landlord sued to evict long-term tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed that he owed $2,500 in back rent and agreed to make eight payments of $500, including current rent, on certain dates over a three-month period. Landlord later claimed that tenant didn't pay, and sought eviction under the terms of the agreement. Tenant asked the court to vacate the judgment and eviction warrant. He claimed that he had paid all or part of the rent due under the agreement. The court ruled against tenant for lack of proof. Tenant appealed and won. Tenant submitted to the appeals court some proof of payment. The appeals court sent the case back for a hearing on whether tenant had complied with the settlement agreement.

AMA Realty LLC v. Farfan: NYLJ, 7/8/04, p. 27, col. 6 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

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