Tenant Didn't Properly Remove Unauthorized Jacuzzi

Landlord sued to evict tenant for violating her lease by installing a Jacuzzi bathtub in her apartment. Landlord and tenant signed a settlement agreement in court. Tenant agreed to remove the Jacuzzi, using a licensed contractor, getting proper permits, and carrying insurance naming landlord as an additional insured. Tenant also agreed to get landlord’s written approval for the make and model of the replacement bathtub. The agreement also provided that landlord could seek a final judgment of possession if tenant breached the agreement. The agreement was later amended only to extend tenant’s time for compliance. Landlord later had the marshal send an eviction notice based on tenant’s violation of the agreement. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant, finding that she had complied with the “gravamen” of the agreement.

Landlord appealed and won. The settlement agreement that was signed in court was highly detailed and signed by attorneys for both sides. It was undisputed that tenant twice failed to comply with certain agreement terms, including the requirement that her contractors carry insurance naming landlord. Given tenant’s multiple breaches of the settlement agreement, her request to vacate the warrant should have been denied.

1035 Washington Realty, LLC v. Grange: NYLJ, 4/16/10, p. 34, col. 1 (App. T 2 Dept.; Rios, JP, Pesce, Golia, JJ)