Landlord Notified Tenant's Attorney of Tenant's Default

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent due in installment payments. The parties also agreed that a judgment and warrant would be issued, but execution on the warrant would be delayed during the payment period. Landlord and tenant both were represented by attorneys. They agreed that if tenant failed to make any of the installment payments, landlord could execute the eviction warrant after three-days' notice of the default to tenant's attorney. Tenant didn't make the second installment payment, and landlord sent tenant's attorney a default notice by regular mail. After receiving the notice of eviction, tenant asked the court to vacate the eviction warrant. He claimed that he didn't receive the default notice. The court ruled against tenant. Landlord credibly testified that the notice was mailed. It didn't matter that tenant didn't receive it unless there was some proof that routine office practice wasn't followed by landlord. And the parties had agreed that the notice would be sent to tenant's attorney, not to tenant.

Dorchester LLC v. Morgan: NYLJ, 6/16/08, p. 19,col. 3 (Dist. Ct. Nassau; Fairgrieve, J)