Landlord Delayed Enforcement of Stipulation

June 30, 1993

LVT Number: 7072

Landlord sued to evict tenant. Landlord and tenant settled the case by stipulation. Landlord later asked the court to issue an eviction warrant based on the terms of the stipulation. The trial court refused, and landlord appealed. The appeals court ruled that landlord wasn't entitled to the warrant. Landlord delayed enforcement of its rights under the stipulation for two years and nine months after the stipulation was signed. And landlord took another year to appeal the trial court's dismissal of its request for the eviction warrant. Landlord's delay was unreasonable.

Landlord sued to evict tenant. Landlord and tenant settled the case by stipulation. Landlord later asked the court to issue an eviction warrant based on the terms of the stipulation. The trial court refused, and landlord appealed. The appeals court ruled that landlord wasn't entitled to the warrant. Landlord delayed enforcement of its rights under the stipulation for two years and nine months after the stipulation was signed. And landlord took another year to appeal the trial court's dismissal of its request for the eviction warrant. Landlord's delay was unreasonable.

69 Fifth Co. v. Hourwich: NYLJ, p. 21, col. 6 (6/8/93) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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