Landlord Can't Enforce Stipulation After Tenant Eviction

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated in court that tenant would pay $80,000 in rent arrears and all additional rent payments in accordance with a schedule established in the stipulation. The stipulation also stated that an eviction warrant could be executed if tenant didn't make the scheduled payments. Tenant was evicted after not making payments. Landlord then asked the court for a money judgment for rent due through the date of eviction. Court: The issuance of the eviction warrant ended the landlord-tenant relationship and summary proceeding. So, the court had no authority to render an additional money judgment. Landlord must bring a plenary proceeding to recover any additional arrears.

Harris v. Yaun: NYLJ, p. 23, col. 1 (4/23/93) (Civ. Ct. N.Y.; York, J)