Landlord Must Start New Case for Additional Rent

August 31, 2002

LVT Number: 16080

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later asked the court to restore the case, claiming that rent was still owed. The court ruled for landlord. Tenant appealed and won. The settlement agreement between landlord and tenant stated that no rent was owed because tenant got a rent abatement. Landlord sought to restore the case to collect three years' of additional back rent that became due after the settlement agreement was signed. Landlord must start a new case for the additional rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Landlord later asked the court to restore the case, claiming that rent was still owed. The court ruled for landlord. Tenant appealed and won. The settlement agreement between landlord and tenant stated that no rent was owed because tenant got a rent abatement. Landlord sought to restore the case to collect three years' of additional back rent that became due after the settlement agreement was signed. Landlord must start a new case for the additional rent.

Fairgate Assocs., Inc. v. Tolley: NYLJ, 8/1/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

Topics

More like this