Landlord Can't Get Money Judgment for Amount Due Under Stipulation

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker, Kraus & Bruh, LLP, attorneys for the tenants.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated that tenant would pay use and occupancy as it became due and owing. The settlement agreement also gave landlord final judgment of possession and a money judgment for $171,000. Landlord later asked the court for a money judgment in the amount of $290,000 for outstanding use and occupancy under the agreement. The court ruled against landlord. The agreement in effect terminated landlord's proceeding and substituted in its place a settlement agreement. Tenant had also moved out of the apartment. Since there was no longer any pending action, landlord must start a new court case based on the contract created by the agreement.

370 Lex, LLC v. Becker: Index No. 54252/95 (6/26/97) (Civ. Ct. NY; Padilla, J)