Tenant Violated Settlement Agreement

January 1, 2005

LVT Number: 17814

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time. When tenant defaulted, landlord sought eviction. Tenant asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. The settlement was valid, and tenant repeatedly failed to pay rent during an agreed upon probation period. The court's delay of eviction pending tenant's appeal also was vacated. Tenant agreed to pay use and occupancy while his appeal was pending and didn't do so.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay rent on time. When tenant defaulted, landlord sought eviction. Tenant asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. The settlement was valid, and tenant repeatedly failed to pay rent during an agreed upon probation period. The court's delay of eviction pending tenant's appeal also was vacated. Tenant agreed to pay use and occupancy while his appeal was pending and didn't do so.

Sherman Nagle Realty Corp. v. Cruz: NYLJ, 12/23/04, p. 30, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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