Tenant Paid Rent Due Under Settlement Agreement

November 1, 2000

LVT Number: 14519

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed to pay back rent in three payments on Oct. 5, Oct. 25, and Dec. 9. Landlord later asked the court to vacate the settlement agreement because tenant didn't pay the rent on time. The court ruled against landlord. Landlord appealed and lost. Although some of tenant's back rent payments were late, all the back rent had been paid by Dec. 3, before the final due date. The lower court reasonably decided to uphold the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed to pay back rent in three payments on Oct. 5, Oct. 25, and Dec. 9. Landlord later asked the court to vacate the settlement agreement because tenant didn't pay the rent on time. The court ruled against landlord. Landlord appealed and lost. Although some of tenant's back rent payments were late, all the back rent had been paid by Dec. 3, before the final due date. The lower court reasonably decided to uphold the settlement agreement.

62 W. 45th St. Assocs. v. Brazilnut Corp.: NYLJ, 10/11/00, p. 26, col. 2 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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