Tenant Not Entitled to Further Delay of Eviction

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement in which tenant agreed to pay back rent and acknowledged that payment must be made promptly. In the meantime, execution of an eviction warrant would be delayed. Tenant didn't pay and asked the court to further delay the execution of the eviction warrant. The court ruled for tenant, permitting further delay. Landlord appealed and won. Given tenant's prior history of chronic nonpayment of rent and not showing a valid excuse for not complying with the agreement, tenant wasn't entitled to any further delay of the eviction. There was no good cause.

Century Apts. Assocs. v. Postel: NYLJ, p. 26, col. 1 (9/9/99) (App. T.1 Dept.; Parness, PJ, McCooe, Freedman, JJ)