Prior Agreement Bars Pass-On Rights

February 1, 2000

LVT Number: 13848

Landlord sued to evict tenant in 1989. Landlord and tenant signed a settlement agreement in court granting a judgment of possession to landlord, permitting tenant and his son to remain in the apartment as long as they paid use and occupancy, and delaying any eviction until tenant vacated the apartment. When tenant died in 1995, landlord sought to carry out the eviction warrant. The court ruled for landlord, and tenant's son appealed. The appeals court ruled against tenant's son. The settlement agreement barred pass-on rights.

Landlord sued to evict tenant in 1989. Landlord and tenant signed a settlement agreement in court granting a judgment of possession to landlord, permitting tenant and his son to remain in the apartment as long as they paid use and occupancy, and delaying any eviction until tenant vacated the apartment. When tenant died in 1995, landlord sought to carry out the eviction warrant. The court ruled for landlord, and tenant's son appealed. The appeals court ruled against tenant's son. The settlement agreement barred pass-on rights. The fact that landlord started two other eviction cases against tenant in 1994 didn't create a new landlord-tenant relationship or pass-on rights. The prior settlement agreement remained in effect.

795 Ninth Ave. LLC v. Farantatos: NYLJ 1/18/00, p. 29, col. 2 (App. T.1 Dept.; McCooe, PJ, Freedman, Davis, JJ)

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