Tenant Restored Despite Settlement Breach

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement on July 27, 2007. Landlord got a final judgment of possession and money judgment for $5,200. Eviction was stayed on the condition that tenant pay the rent owed by Aug. 31. Tenant was evicted in October 2007, after landlord claimed that tenant defaulted. Tenant asked the court to restore him to possession. Tenant said that he mailed landlord a check for $6,300, which was returned on Sept. 25. Tenant then mailed landlord the same check plus an additional $1,050 for September's rent by next-day delivery on Sept. 27, 2007. Tenant showed proof of mailing, although the second payment couldn't be delivered because landlord's office was closed. The court ruled for tenant on the condition that tenant pay landlord $10,020. Landlord appealed, claiming that tenant hadn't shown good cause to be excused from his default. The appeals court ruled against landlord. The housing court didn't improperly exercise its discretion under the circumstances. Tenant had attempted to pay the back rent in full, and restoration to possession was conditioned on payment of all outstanding rent.

679 Sterling Place Corp. v. Hayes: NYLJ, 12/3/10, p. 33, col. 2 (App. T. 2 Dept.; Golia, JP, Pesce, Rios, JJ)