Evicted Tenant Excused from Settlement Default and Restored to Possession

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant consented to the entry of a judgment of possession in landlord's favor, with execution of the warrant stayed provided she pay her rent by the 10th day of the month during a two-year probationary period. When landlord didn't receive tenant's June 2018 payment on time, tenant was evicted and the court denied tenant's request to be reinstated to possession of the apartment.

Tenant appealed and won. On June 7, 2018, tenant obtained a money order for the correct amount of the June payment. But, because of a scrivener's error, the money order was made payable to a variation of the name of landlord's managing agent, rather than made payable to the landlord building owner entity. So, the payment wasn't received on time. This obviously inadvertent error was excusable under the court's supervisory power over enforcement of so-ordered settlement stipulations. The appeals court exercised its discretion to excuse tenant in this case, given her long-term rent-stabilized tenancy, disability, absence of any demonstrated prejudice to landlord, and proof that tenant had otherwise complied with her payment obligations during the stay period.

34 Hillside Avenue, LLC v. Mateo: 62 Misc.3d 143(A), 2019 NY Slip Op 50113(U) (App. T. 1 Dept.; 1/28/19; Gonzalez, JP, Cooper, Edmead, JJ)