Tenant Can't Vacate Default Judgment

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which stated that tenant could avoid eviction if he paid the back rent by a certain date. Landlord and tenant later signed a second stipulation after tenant failed to meet the payment deadline. The last agreement stated that time was of the essence to avoid execution on the eviction warrant. Tenant again defaulted and was evicted. He then asked the court to restore him to possession and vacate the judgment. Tenant said that he was now prepared to pay the back rent owed. The court ruled against tenant. Tenant's eviction didn't result from a technicality or insignificant breach. Tenant had agreed that time was of the essence in the second settlement stipulation, and his default was substantial.

1829 Realty Assoc. LLC v. MacDonald: Index No. 100087/11, NYLJ No. 1202545579260 (Civ. Ct. Kings; 2/29/12; Marton, J)