Isolated Incident Wasn't Breach of Settlement Agreement

Landlord sued to evict tenant for creating a nuisance by objectionable conduct. Landlord and tenant signed a settlement agreement in court. Tenant agreed not to engage in any of the behavior complained of in landlord's termination notice during a two-year probation period, or else landlord could seek eviction. Landlord later asked the court for permission to execute the eviction warrant based on tenant's breach of the settlement agreement. The court ruled for landlord. Tenant appealed and won. During the probation period, there was only one incident. Landlord claimed that tenant threatened another tenant and punched a building employee. But tenant may have only pointed a finger at the employee, and no one's safety was threatened. Tenant was rent stabilized and had lived in the building for 20 years. To evict him based on this single incident would be too harsh a penalty.

Hotel Cameron, Inc. v. Purcell: NYLJ, 7/18/05, p. 27, col. 6 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)