Tenant Breached Stipulation by Not Paying Rent on Time

July 31, 1997

LVT Number: 11638

Landlord sued to evict tenant for nuisance based on tenant's chronic late payment of rent after landlord had brought a number of nonpayment proceedings against tenant over a five-year period. Landlord and tenant signed two stipulations of settlement by which tenant agreed to pay rent on time. Tenant breached both stipulations, and landlord asked the court to award an eviction judgment. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant.

Landlord sued to evict tenant for nuisance based on tenant's chronic late payment of rent after landlord had brought a number of nonpayment proceedings against tenant over a five-year period. Landlord and tenant signed two stipulations of settlement by which tenant agreed to pay rent on time. Tenant breached both stipulations, and landlord asked the court to award an eviction judgment. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Tenant didn't comply with the payment terms of the court-ordered stipulations and couldn't try to raise any defenses now.

64th St.-3rd Ave. Assocs. v. Wall: NYLJ, p. 26, col. 2 (7/7/97) (App. T. 1 Dept.; Ostrau, JP, Parness, Freedman)

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