Tenant Proved Compliance with Settlement Agreement

April 30, 2006

LVT Number: 18869

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant then asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and she appealed. Tenant lived in a cooperative apartment owned by her landlord-father, under an eight-year lease. In the nonpayment case, landlord and tenant had signed a settlement agreement. Tenant agreed to pay landlord $3,300 by Dec. 7, 2004. If she did so, there would be no eviction. On Dec.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant then asked the court to vacate the judgment and eviction warrant. The court ruled against tenant, and she appealed. Tenant lived in a cooperative apartment owned by her landlord-father, under an eight-year lease. In the nonpayment case, landlord and tenant had signed a settlement agreement. Tenant agreed to pay landlord $3,300 by Dec. 7, 2004. If she did so, there would be no eviction. On Dec. 15, 2004, DSS offered to pay the full back rent to landlord, but landlord refused to accept payment from DSS. The offer of DSS to pay the agreed-upon back rent constituted substantial compliance with the settlement agreement.

Burruano v. Burruano: NYLJ, 4/12/06, p. 26, col. 6 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

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