Tenant Didn't Pay Rent Due Under Stipulation on Time

April 1, 1994

LVT Number: 8656

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, but delayed execution of the warrant of eviction to give tenant a chance to pay. Under the stipulation, tenant had to pay the back rent due in one lump sum, and had to continue to pay rent each month on time. Tenant paid the back rent, but was sometimes late in paying future rent. Each time this happened, landlord asked the court for permission to execute the eviction warrant. This happened four times, and landlord appealed. The appeals court ruled against landlord.

Landlord sued to evict tenant for chronic nonpayment of rent. The court ruled for landlord, but delayed execution of the warrant of eviction to give tenant a chance to pay. Under the stipulation, tenant had to pay the back rent due in one lump sum, and had to continue to pay rent each month on time. Tenant paid the back rent, but was sometimes late in paying future rent. Each time this happened, landlord asked the court for permission to execute the eviction warrant. This happened four times, and landlord appealed. The appeals court ruled against landlord. The monthly rent, even if late, was paid within the month due and there was no additional build-up of back rent. The trial court, within its discretion, found that this didn't warrant tenant's loss of a 16-year tenancy.

Mill River Plaza Associates v. Lively: NYLJ, p. 27, col. 3 (3/28/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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