Tenant Who Violated Settlement Agreement Can't Delay Eviction

August 31, 2000

LVT Number: 14353

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court granted landlord a default judgment and eviction warrant. Instead of asking the court to reopen the case, tenant later signed a settlement agreement that required him to pay the back rent within a certain time period. The eviction warrant was delayed during this time. Tenant broke his agreement to pay the back rent twice. Then he asked the court to further delay execution of the eviction warrant. The court ruled against tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and the court granted landlord a default judgment and eviction warrant. Instead of asking the court to reopen the case, tenant later signed a settlement agreement that required him to pay the back rent within a certain time period. The eviction warrant was delayed during this time. Tenant broke his agreement to pay the back rent twice. Then he asked the court to further delay execution of the eviction warrant. The court ruled against tenant. Tenant didn't show any good reason to set aside the warrant and repeatedly didn't pay the back rent.

123 W. 44th St. Assocs. v. Oti: NYLJ, 8/14/00, p. 28, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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