Slight Underpayment Not Cause for Eviction

November 1, 2000

LVT Number: 14518

Landlord sued to evict co-op tenant for not paying monthly maintenance. Landlord and tenant signed a settlement agreement in which tenant agreed to pay all back maintenance due. Tenant's last payment was $13 short, and landlord refused to accept it. Landlord claimed that tenant violated the settlement agreement. The court ordered landlord to accept this payment. Landlord appealed and lost. The lower court didn't abuse its discretion. Tenant had lived in the apartment for 37 years and shouldn't lose it because his $1,600 payment was $13 short.

Landlord sued to evict co-op tenant for not paying monthly maintenance. Landlord and tenant signed a settlement agreement in which tenant agreed to pay all back maintenance due. Tenant's last payment was $13 short, and landlord refused to accept it. Landlord claimed that tenant violated the settlement agreement. The court ordered landlord to accept this payment. Landlord appealed and lost. The lower court didn't abuse its discretion. Tenant had lived in the apartment for 37 years and shouldn't lose it because his $1,600 payment was $13 short.

487-489 Amsterdam Ave. HDFC v. Montero: NYLJ, 10/19/00, p. 29, col. 2 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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