Landlord Didn't Prove Breach of Probationary Stipulation

March 18, 2015

LVT Number: #26023

Landlord sued to evict rent-stabilized tenant for creating a nuisance due to tenant's behavior. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from the objectionable conduct and that landlord could return to court to seek a hearing and eviction warrant if it claimed a breach of the agreement. Landlord later returned to court, claiming that tenant violated the agreement. The court ruled against landlord, who appealed and lost. Tenant refuted landlord's claim of a single breach of the agreement.

Landlord sued to evict rent-stabilized tenant for creating a nuisance due to tenant's behavior. Landlord and tenant signed a probationary settlement agreement in court. Tenant agreed to refrain from the objectionable conduct and that landlord could return to court to seek a hearing and eviction warrant if it claimed a breach of the agreement. Landlord later returned to court, claiming that tenant violated the agreement. The court ruled against landlord, who appealed and lost. Tenant refuted landlord's claim of a single breach of the agreement. The court testimony didn't support terminating the long-term tenancy at this point. 

Ralu Corporation v. Parada: 46 Misc.3d 144(A), 2015 NY Slip Op 50195(U) (App. T. 2 Dept.; 2/23/15; Pesce, PJ, Weston, Elliot, JJ)

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