Tenant's Violation of Settlement Agreement Excused

July 31, 2005

LVT Number: 18237

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a payment schedule. An eviction warrant was issued, but execution of the warrant was delayed so that tenant could pay the back rent and avoid eviction. Landlord later asked the court for permission to evict tenant based on tenant's violation of the settlement agreement. The court ruled for landlord. Tenant appealed and won. Tenant's brief lapse in payment was a minor violation of the agreement.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant agreed to a payment schedule. An eviction warrant was issued, but execution of the warrant was delayed so that tenant could pay the back rent and avoid eviction. Landlord later asked the court for permission to evict tenant based on tenant's violation of the settlement agreement. The court ruled for landlord. Tenant appealed and won. Tenant's brief lapse in payment was a minor violation of the agreement. Tenant had paid a large portion of the back rent and had substantially complied with the agreement.

Hunter Hale, LLC v. Peguero: NYLJ, 7/7/05, p. 27, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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