Payment of Back Rent After Judgment Issued Doesn't Reinstate Tenancy

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent owed in several installment payments. Landlord and tenant further agreed that if tenant missed any payments, landlord was entitled to a judgment of possession, a money judgment, and issuance of an eviction warrant. Landlord later asked the court for the judgment and warrant based on tenant's failure to make two payments. The court ruled for landlord. After the court issued the warrant, tenant paid more than half the remaining balance to landlord. Tenant then asked the court to vacate the warrant. Tenant claimed that landlord waived the judgment and reinstated tenancy by accepting payment. The court ruled against tenant. Acceptance of back rent owed after issuance of a judgment and an eviction warrant doesn't reinstate landlord-tenant relationship without further proof that it was landlord's intention to do so. Here, there was no such proof. And tenant didn't show a reasonable excuse for defaulting or a defense that had any merit.

284-285 Central Owners Corp. v. Alexandre: NYLJ, 2/21/07, p. 24, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)