Tenant Violated Settlement Agreement

Landlord sued to evict tenant for creating a nuisance. Landlord claimed that on many occasions tenant had threatened landlord's staff and other tenants. After the case was started, tenant was hospitalized briefly for a mental illness. Landlord and tenant then signed a settlement agreement in court. Tenant was represented by an attorney and a guardian ad litem. Tenant agreed to a judgment for landlord and the issuance of an eviction warrant. Landlord agreed to delay the eviction for two years on the condition that tenant refrain from his threatening behavior. Landlord later asked the court for permission to proceed with the eviction. Landlord claimed that tenant had violated the agreement. The court held a hearing. The doorman and a commercial tenant in the building testified that tenant pointed his finger at the doorman's face, punched the doorman's chest with his finger several times, and threatened to kill the doorman. Tenant also threatened to ''get'' the commercial tenant, who had tried to intervene during the incident. The court ruled for landlord. Tenant appealed and won. The lower appeals court found that tenant's violation of the settlement agreement was minor. Then, landlord appealed and won. Tenant had clearly violated the settlement agreement, and the violation was not minor. Tenant had signed this agreement with the assistance of an attorney and a guardian. The agreement must be treated seriously so it could be enforced.

Hotel Cameron, Inc. v. Purcell: NYLJ, 12/7/06, p. 28, col. 1 (App. Div. 1 Dept.; Tom, JP, Andrias, Marlow, McGuire, Malone, JJ)