Occupant Can't Vacate Settlement Agreement

February 1, 2002

LVT Number: 15571

Landlord sued to evict apartment occupant. Landlord and occupant signed a settlement agreement in which landlord agreed to give occupant a lease if occupant paid back rent by a certain date. Occupant defaulted, and landlord sought to move forward with the eviction warrant. Occupant asked the court to vacate the eviction warrant. The court refused, and occupant appealed. The appeals court ruled against occupant. Occupant was represented by an attorney, offered less than the amount due on the date it was due, and didn't provide access for repairs, as agreed.

Landlord sued to evict apartment occupant. Landlord and occupant signed a settlement agreement in which landlord agreed to give occupant a lease if occupant paid back rent by a certain date. Occupant defaulted, and landlord sought to move forward with the eviction warrant. Occupant asked the court to vacate the eviction warrant. The court refused, and occupant appealed. The appeals court ruled against occupant. Occupant was represented by an attorney, offered less than the amount due on the date it was due, and didn't provide access for repairs, as agreed.

728 Property Assocs., Inc. v. Maria: NYLJ, 1/4/02, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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