Warrant Vacated

January 1, 2000

LVT Number: 13813

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered settlement agreement. When tenant didn't comply with the terms of the agreement, landlord got a judgment of possession and an eviction warrant. Tenant then asked the court to vacate the warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The agreement didn't include a provision for a final judgment if tenant didn't comply, without notice to tenant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered settlement agreement. When tenant didn't comply with the terms of the agreement, landlord got a judgment of possession and an eviction warrant. Tenant then asked the court to vacate the warrant. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The agreement didn't include a provision for a final judgment if tenant didn't comply, without notice to tenant. Also, tenant's failure to comply with the agreement was minor and shouldn't have resulted in entry of a judgment of possession for landlord.

Diaz v. Dignarus Fuente: NYLJ, p. 34, col. 4 (12/23/99) (App. T.2 Dept.; DiPaola, PJ, Ingrassia, Palella, JJ)

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