Landlord Needn't Re-Rent Apartment to Tenant

June 30, 1993

LVT Number: 7079

Landlord sued to evict tenant. Landlord and tenant signed a stipulation. When tenant didn't comply with the stipulation, he was evicted. Tenant later asked the court to restore him to possession. The court agreed---on the condition that tenant pay landlord $2,000 before a certain date. Landlord appealed, and the court ruled for landlord. Tenant continually didn't comply with the stipulations he'd agreed to. The court shouldn't have excused tenant's default.

Landlord sued to evict tenant. Landlord and tenant signed a stipulation. When tenant didn't comply with the stipulation, he was evicted. Tenant later asked the court to restore him to possession. The court agreed---on the condition that tenant pay landlord $2,000 before a certain date. Landlord appealed, and the court ruled for landlord. Tenant continually didn't comply with the stipulations he'd agreed to. The court shouldn't have excused tenant's default.

Lenox Arms Cooperative v. Greenidge: NYLJ, p. 27, col. 3 (6/22/93) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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