Landlord Bound by Prior Stipulation

September 30, 1997

LVT Number: 11809

Landlord sued to evict tenant for nonpayment of rent, claiming that the monthly rent was $714. Tenant showed that prior landlord and tenant, by their attorneys, entered into court agreement in a prior nonpayment proceeding by which they agreed that tenant would pay only $445 per month pending a ruling by the DHCR on tenant's rent overcharge complaint. The court ruled for tenant and dismissed landlord's petition. Although new landlord wasn't advised by previous landlord of the prior court agreement, it was still bound by that agreement.

Landlord sued to evict tenant for nonpayment of rent, claiming that the monthly rent was $714. Tenant showed that prior landlord and tenant, by their attorneys, entered into court agreement in a prior nonpayment proceeding by which they agreed that tenant would pay only $445 per month pending a ruling by the DHCR on tenant's rent overcharge complaint. The court ruled for tenant and dismissed landlord's petition. Although new landlord wasn't advised by previous landlord of the prior court agreement, it was still bound by that agreement.

Talos 232 LLC v. Pena: NYLJ, p. 27, col. 5 (9/24/97) (Civ. Ct. Bronx; Heymann, J)

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