Tenant Gets Eviction Delayed for Good Cause

March 1, 2011

LVT Number: #23217

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. A judgment was entered for landlord, and an eviction warrant was issued. Eviction was delayed on the condition that tenant make payments as agreed. Tenant later violated the payment agreement, but asked the court to delay the eviction. The court ruled against tenant, who appealed and won. Among other things, tenant was initially unrepresented by an attorney and was confused about how he should make a payment when the deadline fell on a weekend.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. A judgment was entered for landlord, and an eviction warrant was issued. Eviction was delayed on the condition that tenant make payments as agreed. Tenant later violated the payment agreement, but asked the court to delay the eviction. The court ruled against tenant, who appealed and won. Among other things, tenant was initially unrepresented by an attorney and was confused about how he should make a payment when the deadline fell on a weekend. Tenant showed good cause to allow more time to comply with the settlement agreement.

421 W 22 LLC & 421 W 22B LLC v. Walberg: NYLJ, 2/24/11, p. 29, col. 6 (App. T. 1 Dept.; Schoenfeld, JP, Hunter, Torres, JJ)

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