Tenant Had No Excuse for Chronic Nonpayment of Rent

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. A judgment was issued in landlord's favor, as well as an eviction warrant. Execution of the eviction warrant was delayed, provided that tenant made timely rent payments during a probation period. When tenant violated the agreement, landlord sought eviction. Tenant asked the court to vacate the eviction warrant. The court ruled for tenant. Landlord appealed and won. Tenant offered no valid excuse for his failures to comply with the terms of the agreement settling the case. Tenant had an extensive history of rent defaults, which continued into the probation period. Landlord could proceed with eviction, which was delayed for 60 days.

77 St. Realty Associates, LLC v. Cazzorla: NYLJ, 3/28/08, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)