Tenant Excused from Default in Payment

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. When tenant failed to make the second of three installment payments, landlord sought to enforce the eviction warrant. Tenant asked the court to excuse her default. The court ruled for tenant. Landlord appealed and lost. Tenant tendered the full amount due before the third and final installment payment date. Under the circumstances, given her isolated default on the second payment date, the court properly exercised its discretion to avoid tenant's loss of a long-term rent-stabilized tenancy. There was no harm done to landlord.

117 West 142, LLC v. Matthews: NYLJ, 5/5/11, p. 30, col. 6 (App. T. 1 Dept.; Hunter Jr., JP, Schoenfeld, Torres, JJ)