Tenant Claims Back Rent Calculation Incorrect

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord when tenant's attorney failed to appear for trial. The case was later reopened, and the parties, by their attorneys, signed a settlement agreement. The final judgment remained in place, and the eviction warrant was stayed to March 30, 2011, for tenant to pay back rent totalling $16,000. Tenant didn't make the required payment and was evicted. Tenant then asked the court to modify the agreement, claiming that there was a mutual mistake in the calculation of the back rent owed. The court ruled against tenant, who appealed and lost. The summary proceeding was terminated once tenant was evicted, so tenant couldn't seek modification of the rent award from the housing court. Tenant could start a separate plenary proceeding against landlord to seek recalculation of the amount owed.

Francis v. Allen: 2013 NY Slip Op 50461(U), 2013 WL 1320473 (App. T. 2 Dept.; 3/21/13; Pesce, PJ, Weston, Solomon, JJ)