Landlord Claims Tenant Didn't Comply with Settlement Agreement

May 31, 1998

LVT Number: 12382

Co-op tenant sued landlord for wrongful eviction. Tenant claimed that he'd paid the maintenance charges in question and that the court should rule in his favor without holding a trial. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. There were issues of fact that required a trial. Tenant claimed that he'd paid all the money due under the July 1991 agreement. But landlord claimed that tenant made only the first payment of $2,750 due on June 1, 1991.

Co-op tenant sued landlord for wrongful eviction. Tenant claimed that he'd paid the maintenance charges in question and that the court should rule in his favor without holding a trial. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. There were issues of fact that required a trial. Tenant claimed that he'd paid all the money due under the July 1991 agreement. But landlord claimed that tenant made only the first payment of $2,750 due on June 1, 1991. Landlord claimed that tenant didn't pay the current maintenance charges due on that date and that a portion of tenant's payment was therefore applied to the current maintenance, as permitted by the agreement. So landlord claimed that tenant was in default because he didn't make on-time payments.

Aryeh v. 61 East 86 Owners Corp.: NYLJ, p. 28, col. 3 (5/4/98) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Nardelli, Tom, Saxe, JJ)

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