Tenant Didn't Materially Violate Settlement Agreement

Landlord sued to evict rent-controlled tenant based on illegal activity in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to judgment for the landlord and issuance of an eviction warrant. Execution on the warrant was stayed provided that tenant's roommate be excluded from the apartment permanently. Landlord later asked the court for permission to proceed with eviction on the grounds that tenant violated the agreement. The court ruled against landlord, who appealed and lost. The roommate's brief, unannounced visits to the apartment, apparently to retrieve his possessions, didn't injure landlord or put other tenants in the building at risk. And no illegal activity occurred during these visits. Under these circumstances and since the settlement agreement expressly authorized the court to determine whether a breach of the agreement occurred and whether it was material, the activities landlord complained of didn't warrant forfeiture of tenant's 50-year tenancy.

Tri Cruger Realty LLC v. Masterson: Index No. 570636/11, NYLJ No. 1202585424074 (App. T. 1 Dept.; 1/23/13; Hunter Jr., JP, Shulman, Torres, JJ)