Tenant Paid Arrears After Stipulated Date

May 31, 1993

LVT Number: 7019

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed in a stipulation to pay rent arrears by a certain date. Tenant was late in paying the arrears, and landlord asked the court to issue an eviction warrant. The trial court refused, and landlord appealed. The appeals court ruled that the lower court had exercised its discretion properly. Tenant had trouble arranging for assistance from the Department of Social Services, but ultimately got the money and paid landlord within nine days of the due date agreed upon in the stipulation.

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed in a stipulation to pay rent arrears by a certain date. Tenant was late in paying the arrears, and landlord asked the court to issue an eviction warrant. The trial court refused, and landlord appealed. The appeals court ruled that the lower court had exercised its discretion properly. Tenant had trouble arranging for assistance from the Department of Social Services, but ultimately got the money and paid landlord within nine days of the due date agreed upon in the stipulation.

Parkchester Apartments Co. v. Johnson: NYLJ, p. 21, col. 2 (5/26/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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