Tenant Excused from Default in Nonpayment Proceeding

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, but granted tenant's request to vacate the judgment to the extent of staying execution of the eviction warrant for 15 days. Landlord appealed and won reversal of the court's decision. Tenant then appealed to the higher court and won. Although enforcement of a settlement stipulation is preferred, the courts have the power to vacate an eviction warrant for good cause shown. The court didn't abuse its discretion in finding good cause to stay the eviction for a short period to allow the long-term rent-stabilized tenant to pay his back rent. Tenant showed that he approached charities and agencies to obtain assistance, tendered almost all of the payment due, and showed that he would soon receive enough assistance to pay the balance. Tenant engaged in good-faith efforts to obtain funds to pay the rent and sought only a short delay.

Harvey 1390 LLC v. Bodenheim: NYLJ, 6/28/12, p. 28, col. 6 (App. Div. 1 Dept.; Mazzarelli, JP, Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ)