Tenant Violated Settlement Agreement

November 1, 2006

LVT Number: 19248

Landlord sued to evict tenant based on tenant's nuisance behavior. Landlord and tenant signed a settlement agreement in court by which tenant agreed to refrain from offensive conduct. Landlord, in turn, agreed to delay the execution of an eviction warrant. Landlord later asked the court for permission to proceed with the eviction. After a hearing, the court ruled for landlord. Tenant appealed and lost. Witnesses described tenant's abusive and disruptive conduct toward other tenants and the building staff. Tenant's behavior had continued despite two prior settlement agreements.

Landlord sued to evict tenant based on tenant's nuisance behavior. Landlord and tenant signed a settlement agreement in court by which tenant agreed to refrain from offensive conduct. Landlord, in turn, agreed to delay the execution of an eviction warrant. Landlord later asked the court for permission to proceed with the eviction. After a hearing, the court ruled for landlord. Tenant appealed and lost. Witnesses described tenant's abusive and disruptive conduct toward other tenants and the building staff. Tenant's behavior had continued despite two prior settlement agreements. Landlord could proceed with eviction.

Times Square Hotel, LP v. Harper: NYLJ, 10/2/06, p. 32, col. 3 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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