Tenant's Noncompliance with Settlement Agreement Excused

August 31, 2004

LVT Number: 17533

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant and landlord signed a settlement agreement in court. Tenant was put on probation and had to pay rent by the 10th day of each month. When tenant didn't do so, landlord asked the court to execute the eviction warrant. The court ruled for landlord. Tenant appealed and won. Tenant had obtained a money order for June 2003 payment on June 3. But the payment was incorrectly addressed to 2307 Coney Island Avenue instead of number 2207, causing it to be received late. This was an excusable error.

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant and landlord signed a settlement agreement in court. Tenant was put on probation and had to pay rent by the 10th day of each month. When tenant didn't do so, landlord asked the court to execute the eviction warrant. The court ruled for landlord. Tenant appealed and won. Tenant had obtained a money order for June 2003 payment on June 3. But the payment was incorrectly addressed to 2307 Coney Island Avenue instead of number 2207, causing it to be received late. This was an excusable error. Tenant otherwise paid rent on time while her appeal was pending and her probation period was now over.

1781 Riverside, LLC v. Quinones: NYLJ, 8/6/04, p. 25, col. 3 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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