Landlord Not ''In Contempt'' of Settlement Agreement

December 1, 2005

LVT Number: 18514

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed to make repairs ''as legally required.'' Landlord didn't make the repairs, and tenant asked the court to hold landlord in contempt. The court ruled against tenant. Tenant appealed and lost. If landlord defaulted by not making the repairs, tenant's remedy was to restore the case to the court calendar for appropriate relief. The settlement agreement wasn't specific enough to support tenant's claim of contempt of court.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed to make repairs ''as legally required.'' Landlord didn't make the repairs, and tenant asked the court to hold landlord in contempt. The court ruled against tenant. Tenant appealed and lost. If landlord defaulted by not making the repairs, tenant's remedy was to restore the case to the court calendar for appropriate relief. The settlement agreement wasn't specific enough to support tenant's claim of contempt of court.

Michetti v. Wilson: NYLJ, 11/18/05, p. 31, col. 1 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

Topics

More like this