Landlord Claims Tenant Breached Settlement Agreement

August 31, 2002

LVT Number: 16079

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant was given a six-month rent abatement and otherwise agreed to pay back rent owed within a period of months. Landlord later went back to court and claimed that tenant defaulted on the settlement payments due. Landlord asked the court for a judgment. The court ruled for landlord. Tenant appealed and won. There was a dispute as to payments made by tenant. So the court shouldn't have given landlord a judgment without more fact finding.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant was given a six-month rent abatement and otherwise agreed to pay back rent owed within a period of months. Landlord later went back to court and claimed that tenant defaulted on the settlement payments due. Landlord asked the court for a judgment. The court ruled for landlord. Tenant appealed and won. There was a dispute as to payments made by tenant. So the court shouldn't have given landlord a judgment without more fact finding.

Fairgate Assocs., Inc. v. Adams: NYLJ, 8/1/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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