Landlord Didn't Give Tenant Written Notice of Default

December 1, 2002

LVT Number: 16266

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Under the agreement, if tenant defaulted, landlord could enter a judgment after giving eight days' written notice to tenant. Tenant defaulted, and landlord got a final judgment. Tenant then asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and won. Tenant claimed that he didn't receive the written notice required by the settlement agreement. Landlord didn't dispute this claim. So landlord wasn't entitled to the judgment.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Under the agreement, if tenant defaulted, landlord could enter a judgment after giving eight days' written notice to tenant. Tenant defaulted, and landlord got a final judgment. Tenant then asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and won. Tenant claimed that he didn't receive the written notice required by the settlement agreement. Landlord didn't dispute this claim. So landlord wasn't entitled to the judgment.

Fairbanks Assocs. v. Jackson: NYLJ, 11/5/02, p. 22, col. 1 (App. T.2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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