Tenant Didn't Comply with Settlement Agreement

April 30, 2004

LVT Number: 17305

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, with payment terms. When tenant defaulted, landlord sought eviction under the terms of the settlement agreement. The court ruled for landlord. Tenant appealed and lost. The settlement agreement stated that ''time is of the essence.'' Strict enforcement of the settlement agreement was warranted in light of the chronic nonpayment that was the subject of the case and tenant's continued nonpayment during the probationary period agreed to by the parties.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, with payment terms. When tenant defaulted, landlord sought eviction under the terms of the settlement agreement. The court ruled for landlord. Tenant appealed and lost. The settlement agreement stated that ''time is of the essence.'' Strict enforcement of the settlement agreement was warranted in light of the chronic nonpayment that was the subject of the case and tenant's continued nonpayment during the probationary period agreed to by the parties.

960 Mgmt. Corp. v. Dzaba: NYLJ, 4/28/04, p. 24, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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