Tenant Must Pay $3,000 Required by Stipulation

March 1, 1996

LVT Number: 10421

Landlord sued tenant in small claims court. Tenant had refused to pay rent because of excessive noise from the upstairs apartment. Tenant and landlord stipulated that tenant would pay rent and that landlord would sue to evict the noisy tenant. Tenant was to pay all back rent and continue to pay current rent. But tenant moved out and never paid the back rent. The court ruled for landlord, ordering tenant to pay the $3,000 he owed under the stipulation. Tenant appealed, claiming that landlord had breached the warranty of habitability. The appeals court ruled against tenant.

Landlord sued tenant in small claims court. Tenant had refused to pay rent because of excessive noise from the upstairs apartment. Tenant and landlord stipulated that tenant would pay rent and that landlord would sue to evict the noisy tenant. Tenant was to pay all back rent and continue to pay current rent. But tenant moved out and never paid the back rent. The court ruled for landlord, ordering tenant to pay the $3,000 he owed under the stipulation. Tenant appealed, claiming that landlord had breached the warranty of habitability. The appeals court ruled against tenant. The lower court's ruling was fair and legal.

Georgetown Assocs. v. Alexander: NYLJ, p. 29, col. 5 (2/8/96) (App. T. 2 Dept; Aronin, JP, Scholnick, Patterson, JJ)

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