Landlord Misapplied Payments from Tenant

July 31, 2003

LVT Number: 16746

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought execution of the eviction warrant. Tenant asked the court to delay the eviction. The court ruled for tenant. Landlord appealed and lost. Landlord misapplied payments from tenant to sums owed that weren't part of the settlement agreement. So landlord was wrong to claim that tenant hadn't complied with the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later sought execution of the eviction warrant. Tenant asked the court to delay the eviction. The court ruled for tenant. Landlord appealed and lost. Landlord misapplied payments from tenant to sums owed that weren't part of the settlement agreement. So landlord was wrong to claim that tenant hadn't complied with the settlement agreement.

40 Plus 53 61st St. Realty Corp. v. Dalton: NYLJ, 7/17/03, p. 23, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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