Tenant Can't Get Further Delay

December 1, 2002

LVT Number: 16236

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Both were represented by attorneys. Tenant agreed to pay back rent. When tenant didn't do so, landlord asked the court to permit eviction. The court ruled for landlord. Tenant then sought a delay of the eviction. The court ruled against tenant. Tenant appealed and lost. Tenant had a history of rent defaults and hadn't complied with the payment terms of the settlement agreement. The court properly refused to grant tenant any further delay of the eviction warrant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Both were represented by attorneys. Tenant agreed to pay back rent. When tenant didn't do so, landlord asked the court to permit eviction. The court ruled for landlord. Tenant then sought a delay of the eviction. The court ruled against tenant. Tenant appealed and lost. Tenant had a history of rent defaults and hadn't complied with the payment terms of the settlement agreement. The court properly refused to grant tenant any further delay of the eviction warrant.

Lassrick Assocs., LP v. Wheeler: NYLJ, 11/26/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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