Tenant Restored to Possession After Completing Back Rent Payments

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant was later evicted for defaulting under the terms of that agreement. The court then granted tenant's request to be restored to possession. Landlord appealed and lost. Enforcement of a settlement stipulation remains subject to supervision by the court, and the court can act to alter terms that would be unjust. Here, tenant had substantially complied with the agreement terms, diligently pursued funds to pay her back rent while she was undergoing chemotherapy, and landlord admitted that no rent was owing at this point. The lower court properly granted discretion in excusing any default.

Elmback Owners LLC v. Newbold: 59 Misc.3d 136(A), 2018 NY Slip Op 50518(U) (App. T. 2 Dept.; 4/6/18; Elliot, JP, Pesce, Siegal, JJ)