Tenant Didn't Comply with Stipulation

June 30, 1994

LVT Number: 8871

Landlord sued to evict tenant for nonpayment of rent. Before the trial, tenant had signed numerous stipulations agreeing to pay ''all undisputed rent'' owed, but never made any of the payments. On the court date, tenant still hadn't paid the back rent. He asked the court to set aside the stipulations and let him dispute landlord's rent claims at trial. The trial court denied tenant's request, and issued the eviction warrant. Tenant appealed, and the appeals court upheld the eviction.

Landlord sued to evict tenant for nonpayment of rent. Before the trial, tenant had signed numerous stipulations agreeing to pay ''all undisputed rent'' owed, but never made any of the payments. On the court date, tenant still hadn't paid the back rent. He asked the court to set aside the stipulations and let him dispute landlord's rent claims at trial. The trial court denied tenant's request, and issued the eviction warrant. Tenant appealed, and the appeals court upheld the eviction. Tenant was given extra time to pay the back rent on numerous occasions, but never paid any of the rent owed.

Seaman Avenue Corp. v. Harris: NYLJ, p. 25, col. 3 (6/24/94) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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