Tenant Bound by Settlement Agreement

November 1, 2001

LVT Number: 15411

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court by which landlord agreed to make repairs and tenant agreed to pay back rent. When tenant didn't comply, landlord asked for possession. The court ruled for landlord, awarding a judgment of possession and a money judgment of $2,150. Tenant appealed, claiming that landlord owed him $450 as the cost of moving furniture for landlord to make repairs. The appeals court ruled against tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court by which landlord agreed to make repairs and tenant agreed to pay back rent. When tenant didn't comply, landlord asked for possession. The court ruled for landlord, awarding a judgment of possession and a money judgment of $2,150. Tenant appealed, claiming that landlord owed him $450 as the cost of moving furniture for landlord to make repairs. The appeals court ruled against tenant. Landlord complied with the settlement agreement, which didn't cover reimbursement to tenant of furniture moving costs. Tenant was bound by the settlement agreement.

303 Beverly Group LLC v. Alster: NYLJ, 10/30/01, p. 20, col. 1 (App. T.2 Dept.; Patterson, JP, Golia, Rios, JJ)

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