Nonpayment Case Didn't Revive Tenancy

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court, which gave tenant a probation period to improve her behavior. Some time after that, landlord sued to evict tenant for nonpayment of rent. Landlord also sought to restore the nuisance case to the court calendar based on tenant's breach of the settlement agreement. Tenant argued that the nuisance case should be dismissed. She claimed landlord revived her tenancy by demanding rent and starting the nonpayment case. The court ruled against tenant. Tenant appealed and lost. Landlord didn't get a judgment in the nonpayment case. And landlord sought to restore the nuisance case at the same time it started the nonpayment case. Tenant was represented by the same attorney in both cases and landlord made it clear that it did not intend to reinstate the tenancy.

Rockaway One Co., LLC v. Califf: NYLJ, 7/25/02, p. 22, col. 3 (App. T. 2 Dept.; Patterson, JP, Golia, Rios, JJ)