Tenant Owes Full Amount of Back Rent Due

February 1, 2005

LVT Number: 17878

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed that it wouldn't get the total amount of $9,800 in back rent owed if and only if tenant paid $6,500 by Dec. 11. If tenant did so, he wouldn't have to pay the remaining balance of $3,300. Tenant didn't mail the $6,500 until Dec. 12. The court ruled that tenant must pay the full amount of back rent owed.

(Decision submitted by Anthony J. Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord agreed that it wouldn't get the total amount of $9,800 in back rent owed if and only if tenant paid $6,500 by Dec. 11. If tenant did so, he wouldn't have to pay the remaining balance of $3,300. Tenant didn't mail the $6,500 until Dec. 12. The court ruled that tenant must pay the full amount of back rent owed. Tenant didn't do so and was evicted. Tenant appealed and lost. The lower court had reasonably refused to ignore tenant's continued default in paying back rent.

Condor Funding LLC v. Myers: NYLJ, 1/18/05, p. 27, col. 5 (App. T. 1 Dept.; Suarez, PJ, Davis, Gangel-Jacob, JJ)

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