Tenant's Violation of Settlement Agreement Excused

June 30, 2005

LVT Number: 18172

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later asked the court for permission to evict tenant based on tenant's violation of the agreement. The court ruled against landlord. Landlord appealed and lost. Tenant's default under the agreement was very minor and technical. The lower court appropriately exercised discretion in excusing this default to avoid loss of the long-term tenancy.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later asked the court for permission to evict tenant based on tenant's violation of the agreement. The court ruled against landlord. Landlord appealed and lost. Tenant's default under the agreement was very minor and technical. The lower court appropriately exercised discretion in excusing this default to avoid loss of the long-term tenancy.

Hitchcock Plaza, Inc. v. Willard: NYLJ, 6/29/05, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this