Tenant Evicted for Nonpayment Can't Be Restored to Possession

December 1, 2010

LVT Number: #23063

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant was evicted after failing to comply with the payment schedule and extensions granted in later court orders. Tenant then asked the court to restore him to possession. The court ruled against tenant, who appealed and lost. Tenant didn't comply with the final deadline extension, owed considerable back rent, and was unable to obtain funds from charitable organizations to pay the arrears.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant was evicted after failing to comply with the payment schedule and extensions granted in later court orders. Tenant then asked the court to restore him to possession. The court ruled against tenant, who appealed and lost. Tenant didn't comply with the final deadline extension, owed considerable back rent, and was unable to obtain funds from charitable organizations to pay the arrears.

Jones Street Building Associates v. Moskowitz: NYLJ, 11/18/10, p. 32, col. 4 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)

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