Settlement Agreement Didn't Provide for Eviction If Tenant Violated It

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant agreed not to make or permit any of the loud noises or stomping sounds that landlord claimed in its termination notice came from tenant’s apartment. Later landlord took tenant back to court for violating the agreement. After a hearing, the court ruled that tenant violated the agreement and entered a judgment of possession for landlord. Tenant appealed and won. The settlement agreement didn’t state that if the court found tenant had breached the agreement there would be a final judgment for landlord. Since the parties’ intent wasn’t clear from the settlement agreement, the court should have made findings on that issue before entering judgment. The case was sent back for further fact-finding.

Gloria Homes Apartments LP v. Wilson: 47 Misc.3d 142(A), 2015 NY Slip Op 50665(U) (App. T. 1 Dept.; 5/7/15; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)