Landlord Can Restore Case to Trial Calendar After Tenant Breached Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed to make repairs, and tenant agreed to pay back rent. Landlord later asked the court to restore the case, amend the petition to include all unpaid rent to date, and give landlord possession. Landlord claimed tenant didn't pay the back rent. The court ruled against landlord because landlord hadn't completed repairs. Landlord appealed. The appeals court ruled for landlord in part. The settlement agreement said that if tenant didn't pay the back rent as scheduled, landlord could restore the case to the court calendar. It didn't say landlord had to make the repairs before it could restore the case. But the settlement agreement didn't allow landlord to amend the petition or get possession if tenant breached, so landlord couldn't get that relief simply by restoring the case.

LaFrance Leasing LP v. Shepherd: NYLJ, 7/25/02, p. 22, col. 1 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)