Minor Violation of Stipulation

July 31, 1997

LVT Number: 11673

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord stipulated that tenant would pay rent by a certain date. Landlord later asked the court to enforce eviction judgment because tenant paid rent late in violation of the stipulation. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 25 years. Her violation of the stipulation was minor and didn't warrant an eviction.

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord stipulated that tenant would pay rent by a certain date. Landlord later asked the court to enforce eviction judgment because tenant paid rent late in violation of the stipulation. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. Tenant had lived in the apartment for 25 years. Her violation of the stipulation was minor and didn't warrant an eviction.

Levy & Harrison, Marital Trust v. Ballan: NYLJ, p. 25, col. 2 (7/9/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)

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