Tenant Can't Be Restored to Possession

August 18, 2015

LVT Number: #26315

Landlord sued to evict tenants for nonpayment of rent. Both tenants defaulted, and landlord then signed a court-ordered settlement agreement with apartment occupant. Judgment was entered for landlord, with the eviction warrant delayed to allow occupant to pay the rent arrears. The warrant was delayed several times to allow more time to pay but occupant failed to do so. Occupant ultimately was evicted and made several motions seeking restoration to possession. The court ruled against occupant, who appealed and lost.

Landlord sued to evict tenants for nonpayment of rent. Both tenants defaulted, and landlord then signed a court-ordered settlement agreement with apartment occupant. Judgment was entered for landlord, with the eviction warrant delayed to allow occupant to pay the rent arrears. The warrant was delayed several times to allow more time to pay but occupant failed to do so. Occupant ultimately was evicted and made several motions seeking restoration to possession. The court ruled against occupant, who appealed and lost. Occupant’s multiple defaults under the stipulation were not minor, inadvertent, or promptly cured. There were no grounds to invalidate the settlement stipulation or restore occupant to possession.

 

 

 

Austin Clayton Holdings, LLC v. Taylor: 43 Misc.3d 132(A), 201 5NY Slp Op 51059(U) (App. T. 2 Dept.; 7/7/15; Weston, JP, Aliotta, Elliot, JJ)

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