Landlord Can't Vacate Agreement

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant entered into a written agreement by which tenant agreed to pay back rent due. Landlord later asked the court to vacate the agreement. Landlord had previously sued to evict tenant for nuisance. The court ruled for landlord. But before tenant was evicted, landlord hired a new managing agent, who wasn't aware of the court decision. The managing agent hired a new attorney, who sued to evict tenant for nonpayment of rent. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Landlord didn't simply make a mistake in starting the nonpayment proceeding. Landlord sent tenant a three-day rent demand and nonpayment petition, acts which legally indicated that landlord had revived the tenancy.

Sedgwick Ave. Assocs. v. Kehaya: NYLJ, p. 21, col. 3 (8/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freeman, JJ)