Tenant Violated Chronic Nonpayment Settlement Agreement

November 1, 2004

LVT Number: 17657

(Decision submitted by Edward M. Grushko of the Manhattan law firm of Grushko & Mittman, PC, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a six month probation period. Landlord later sought eviction based on tenant's violation of the settlement agreement. Tenant asked the court to vacate the agreement or delay the eviction. The court ruled against tenant. Tenant appealed and lost. Tenant's late rent payments continued during the probation period.

(Decision submitted by Edward M. Grushko of the Manhattan law firm of Grushko & Mittman, PC, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a six month probation period. Landlord later sought eviction based on tenant's violation of the settlement agreement. Tenant asked the court to vacate the agreement or delay the eviction. The court ruled against tenant. Tenant appealed and lost. Tenant's late rent payments continued during the probation period. Although tenant claimed that landlord didn't offer a renewal lease as promised in the settlement agreement, this wasn't a condition to tenant's timely rent payment.

Henry Hudson Gardens LLC v. Bareda: NYLJ, 10/25/04, p. 29, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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