Tenant Didn't Pay Back Rent Due Under Stipulation

September 30, 1993

LVT Number: 8234

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding him a money judgment of over $8,000 in back rent. Landlord later stipulated with tenant that landlord would restore tenant to possession if tenant agreed to a payment schedule for the back rent. Landlord could apply for an eviction warrant on five days' notice if tenant defaulted. Tenant eventually did default, and asked the court to vacate the stipulation. The court refused, and tenant appealed. The appeals court also found no reason to vacate the stipulation.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding him a money judgment of over $8,000 in back rent. Landlord later stipulated with tenant that landlord would restore tenant to possession if tenant agreed to a payment schedule for the back rent. Landlord could apply for an eviction warrant on five days' notice if tenant defaulted. Tenant eventually did default, and asked the court to vacate the stipulation. The court refused, and tenant appealed. The appeals court also found no reason to vacate the stipulation. Tenant had never appealed the original judgment, and didn't dispute the amount of money he owed landlord or the other terms of the stipulation.

Mount Wilson Equities v. Ngmei: NYLJ, p. 22, col. 1 (9/21/93) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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