Settlement Agreement Gives Landlord Right to Start Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that a settlement agreement in a prior nonpayment case barred landlord from starting a new nonpayment case. The court ruled for tenant, finding that landlord could start a plenary action for the disputed rent. Landlord appealed and won. In the prior nonpayment case, tenant claimed that she had paid rent for the period in question, but landlord claimed that she still owed additional rent for that period of time. The settlement agreement stated that landlord could start any case for the disputed additional rent. A prior draft of the settlement agreement stated only that landlord could start a new nonpayment case. Tenant incorrectly claimed that the change to the final version of the settlement agreement made the intent of the agreement unclear and unenforceable.

Baisley Park Gardens Assocs. v. Brown: NYLJ, 10/9/03, p. 29, col. 5 (App. T. 2 Dept.; Aronin, JP, Patterson, Golia, JJ)