Landlord Properly Evicted Tenant for Default Under Court Agreement

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later obtained eviction based on tenant's default. The court then granted tenant's request to be restored to possession. Landlord appealed and won. The lower court mistakenly found that tenant was unlawfully evicted. The settlement agreement states that "time is of the essence" and tenant repeatedly failed to comply with the settlement agreement to pay rent on time. Landlord had properly obtained an eviction warrant, and a marshal's notice was reserved after the court denied a prior request by tenant to vacate his default.

502 West 152nd Street, LLC v. Soumahoro: 58 Misc.3d 161(A), 2018 NY Slip Op 50300(U) (App. T. 1 Dept.; 3/12/18; Shulman, PJ, Gonzalez, Cooper, JJ)