Landlord Can't Accelerate Warrant

May 31, 2002

LVT Number: 15863

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court by which tenant agreed to make monthly installment payments of back rent by the first of each month until the back rent was entirely paid. Tenant later asked the court to modify the agreement to permit payment by the 15th day of the month. The court ruled for tenant. Landlord appealed and asked the appeals court to accelerate the eviction warrant. The appeals court ruled against landlord. Under the agreement, landlord could have asked for entry of judgment if tenant defaulted.

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court by which tenant agreed to make monthly installment payments of back rent by the first of each month until the back rent was entirely paid. Tenant later asked the court to modify the agreement to permit payment by the 15th day of the month. The court ruled for tenant. Landlord appealed and asked the appeals court to accelerate the eviction warrant. The appeals court ruled against landlord. Under the agreement, landlord could have asked for entry of judgment if tenant defaulted. Landlord didn't request this relief when tenant asked the court to modify the agreement. And landlord didn't appeal the court's denial of its later request for a judgment. So landlord couldn't now accelerate the warrant.

Hudson House LLC v. Smith: NYLJ, 5/9/02, p. 23, col. 1 (App. T.2 Dept.; Pesce, PJ, Aronin, Rios, JJ)

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