Tenant Didn't Comply with Stipulation

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a stipulation in which tenant agreed to move out of the apartment by Dec. 31, 1993. If he didn't do so, landlord could evict him immediately. In exchange, landlord gave up its right to collect $10,000 in back rent that tenant was to deposit with the New York City Finance Department. Tenant didn't move out by the Dec. 31, 1993, deadline, and asked the court to vacate the stipulation. Landlord asked for the $10,000 which tenant had deposited. The court refused to vacate the stipulation it was a fair agreement. Tenant appealed, and the appeals court upheld the eviction. Tenant, an attorney, didn't present a valid reason to vacate the stipulation. And tenant can get back the $10,000. The stipulation only allowed landlord to evict tenant if tenant didn't move out by Dec. 31, 1993. It didn't give landlord the right to get the $10,000.

Nath v. Le Vine: NYLJ, p. 25, col. 3 (1/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)