Tenant Restored to Possession

February 1, 2003

LVT Number: 16373

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement by which tenant agreed to make payments of back rent. Tenant later was evicted after not making the payments. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. The settlement agreement didn't reflect credit for an $860 rent payment DSS had made for tenant to prior landlord that was then sent to landlord. This contributed to tenant's inability to comply with the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement by which tenant agreed to make payments of back rent. Tenant later was evicted after not making the payments. Tenant then asked the court to be restored to possession. The court ruled for tenant. Landlord appealed and lost. The settlement agreement didn't reflect credit for an $860 rent payment DSS had made for tenant to prior landlord that was then sent to landlord. This contributed to tenant's inability to comply with the settlement agreement.

1635 Union St. Realty LLC v. Tannis: NYLJ, 1/6/03, p. 26, col. 2 (App. T.2 Dept.; Pesce, JP, Aronin, Patterson, JJ)

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