Tenant Didn't Vacate Apartment by Agreed-Upon Date

November 1, 1996

LVT Number: 11011

Landlord sued to evict tenant. Landlord and tenant formally agreed that landlord would pay tenant $15,000 if tenant moved out by Sept. 21. Landlord was to deposit the money into escrow with tenant's attorney by Aug. 29. Landlord didn't give tenant's attorney the money until Sept. 12, and tenant didn't move out until Oct. 6. Landlord claimed that tenant had breached the agreement by not moving out on the agreed-upon date. The court ruled for landlord and ordered tenant's attorney to return the escrow money to landlord. Tenant appealed. The appeals court reversed and ruled for tenant.

Landlord sued to evict tenant. Landlord and tenant formally agreed that landlord would pay tenant $15,000 if tenant moved out by Sept. 21. Landlord was to deposit the money into escrow with tenant's attorney by Aug. 29. Landlord didn't give tenant's attorney the money until Sept. 12, and tenant didn't move out until Oct. 6. Landlord claimed that tenant had breached the agreement by not moving out on the agreed-upon date. The court ruled for landlord and ordered tenant's attorney to return the escrow money to landlord. Tenant appealed. The appeals court reversed and ruled for tenant. Landlord claimed that tenant hadn't complied with the agreement in a timely manner. But landlord had also delayed in complying with the agreement.

Milsons Realty Corp. v. Davitt: NYLJ, p. 25, col. 3 (10/8/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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