New Landlord Bound by Stipulation

April 1, 1995

LVT Number: 9587

Prior landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Prior landlord and tenant settled the case in April 1991; in a court-ordered stipulation prior landlord acknowledged $25,000 in overcharges and agreed to give tenant monthly rent credits until the $25,000 was fully refunded. The building was later sold in a foreclosure sale. New landlord later sued tenant for nonpayment of rent. The court ruled for landlord and tenant appealed. The appeals court reversed and ruled for tenant. Tenant was still owed $10,000 under the prior stipulation.

Prior landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. Prior landlord and tenant settled the case in April 1991; in a court-ordered stipulation prior landlord acknowledged $25,000 in overcharges and agreed to give tenant monthly rent credits until the $25,000 was fully refunded. The building was later sold in a foreclosure sale. New landlord later sued tenant for nonpayment of rent. The court ruled for landlord and tenant appealed. The appeals court reversed and ruled for tenant. Tenant was still owed $10,000 under the prior stipulation. New landlord was bound by the terms of that agreement.

2300, Inc. v. Sabino: NYLJ, p. 29, col. 1 (3/24/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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