No Eviction for Minor Violation of Settlement Agreement

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant agreed that a judgment would be entered for landlord with execution of the eviction warrant delayed. In the meantime, tenant was supposed to pay back rent by a certain date, then pay monthly rent on time during a two-year probation period. Tenant also agreed to pay landlord's attorney's fees. Landlord asked the court to vacate the settlement agreement when tenant violated its terms. The court ruled for landlord. Tenant appealed and won. Tenant paid the first monthly rent due under the agreement one day late and was $1.56 short. Tenant sent landlord a proper replacement check the next day. Tenant's third monthly rent check was $30 short. Landlord claimed that tenant was in default at this point. But this was a minor violation of the settlement agreement, with no harm done to landlord.

Giffuni Brothers v. Sasso: NYLJ, 12/20/05, p. 25, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)