Tenant Didn't Substantially Breach Agreement

March 1, 1998

LVT Number: 12160

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that tenant would make scheduled payments by set dates. When tenant didn't make a payment, landlord asked the court to permit eviction. The court ruled against landlord, and landlord appealed and lost. Tenant's brief payment default wasn't serious enough to warrant eviction, especially since tenant had lived in the rent-regulated apartment for 25 years. The court permissibly exercised its discretion.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed that tenant would make scheduled payments by set dates. When tenant didn't make a payment, landlord asked the court to permit eviction. The court ruled against landlord, and landlord appealed and lost. Tenant's brief payment default wasn't serious enough to warrant eviction, especially since tenant had lived in the rent-regulated apartment for 25 years. The court permissibly exercised its discretion.

Laurence R. Levy & Janet Harrison, Marital Trust v. Ballan: NYLJ, p. 25, col. 3 (2/24/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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