Tenant Must Comply with Stipulation

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by stipulation. Landlord agreed to make repairs, and tenant agreed to sign landlord's application to the DHCR to restore the rent that was reduced for not maintaining services. Landlord made the repairs, but tenant wouldn't sign the rent restoration application. Landlord went back to court to ask for a judgment based on tenant's breach of the stipulation. Tenant didn't appear in court. The court ruled for landlord based on tenant's default. Tenant, still refusing to sign the rent restoration application, asked the court to vacate the default. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. Tenant showed no reason for not signing landlord's application. The court delayed the execution of the eviction warrant for 10 days to give tenant one last chance to comply with the stipulation. Tenant wasn't represented by an attorney.

Arden Realty Corp. v. Parson: NYLJ, p. 28, col. 3 (5/16/94) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)