Tenant's Brief Delay in Paying Arrears Excused

May 13, 2013

LVT Number: #24767

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in April 2010. Landlord later took tenant back to court, and the court issued an order dated April 20, 2012, directing tenant to pay a certain amount by April 27. But the court didn't mail the order until April 25, and it wasn't received by tenant's attorney until April 26, one day before the payment deadline. Tenant tendered the amount set forth in the order plus May rent on April 30, 2012. Landlord claimed that the court's order was violated.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in April 2010. Landlord later took tenant back to court, and the court issued an order dated April 20, 2012, directing tenant to pay a certain amount by April 27. But the court didn't mail the order until April 25, and it wasn't received by tenant's attorney until April 26, one day before the payment deadline. Tenant tendered the amount set forth in the order plus May rent on April 30, 2012. Landlord claimed that the court's order was violated. The court ruled for landlord. Tenant appealed and won. Tenant's brief delay in tendering payment was excusable. And tenant hadn't materially breached any other provision of the settlement agreement. 

569 Holding LLC v. Venture: 39 Misc.3d 138(A), 2013 NY Slip Op 50638(U) (App. T. 1 Dept.; 4/18/13; Schoenfeld, JP, Hunter Jr., Torres, JJ)

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