Tenant Violated Settlement Agreement

September 30, 2005

LVT Number: 18358

Landlord sued to evict tenant. The court ruled for landlord. Tenant didn't appeal but later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant didn't pay use and occupancy as promised in a settlement agreement. And, in any event, tenant wasn't entitled to remain in the apartment after Dec. 31, 2004. So any question as to whether the warrant could properly issue before Dec. 31 was no longer a concern.

Landlord sued to evict tenant. The court ruled for landlord. Tenant didn't appeal but later asked the court to vacate the judgment and eviction warrant. The court ruled against tenant. Tenant appealed and lost. Tenant didn't pay use and occupancy as promised in a settlement agreement. And, in any event, tenant wasn't entitled to remain in the apartment after Dec. 31, 2004. So any question as to whether the warrant could properly issue before Dec. 31 was no longer a concern.

Pandya v. Korolev: NYLJ, 9/28/05, p. 31, col. 2 (App. T. 2 Dept.; Patterson, JP, Rios, Belen, JJ)

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