Temporary Move Didn't Change Settlement Agreement

February 1, 2011

LVT Number: #23140

Landlord sued to evict hotel tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Landlord got a judgment of possession, and an eviction warrant was issued. Eviction was delayed to allow tenant to move out by Aug. 31, 2010. Tenant later asked the court to vacate the warrant. After signing the settlement agreement, tenant was moved temporarily to another room due to a health hazard in the hotel. Tenant claimed that this changed the agreement, and he didn't have to leave the new room.

Landlord sued to evict hotel tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement. Landlord got a judgment of possession, and an eviction warrant was issued. Eviction was delayed to allow tenant to move out by Aug. 31, 2010. Tenant later asked the court to vacate the warrant. After signing the settlement agreement, tenant was moved temporarily to another room due to a health hazard in the hotel. Tenant claimed that this changed the agreement, and he didn't have to leave the new room. The court ruled against tenant and amended the judgment and warrant to include the new room. Tenant couldn't void the settlement agreement by acting to purposely avoid eviction by moving to the other room.

HVM LLC v. Aadal: Index No. 002571-10, NYLJ No. 1202476876261 (Dist. Ct. Nassau; 12/23/10; Fairgrieve, J)

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