Tenant Can't Vacate Stipulation

December 1, 1994

LVT Number: 9267

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant and landlord settled the case by signing a court-ordered stipulation that required tenant to pay his rent by the 10th day of each month. But tenant continued to pay his rent late, so landlord asked the court to let him go ahead with the eviction. Tenant requested that the court vacate the stipulation, and delay the eviction warrant. The court refused, and tenant appealed. The appeals court ruled for landlord. There was no good reason to vacate the stipulation.

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant and landlord settled the case by signing a court-ordered stipulation that required tenant to pay his rent by the 10th day of each month. But tenant continued to pay his rent late, so landlord asked the court to let him go ahead with the eviction. Tenant requested that the court vacate the stipulation, and delay the eviction warrant. The court refused, and tenant appealed. The appeals court ruled for landlord. There was no good reason to vacate the stipulation. Tenant had shown bad faith by repeatedly not paying the rent after signing the agreement.

Mill Rock Plaza Assoc. v. Lively: NYLJ, p. 25, col. 2 (11/1/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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