Tenant Gets More Time to Pay Amount Due Under Agreement

September 30, 1997

LVT Number: 11811

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant in light of an agreement between landlord and tenant. Tenant later asked the court to extend his time to pay further. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant's default under the agreement was minimal and inadvertent. The lower court didn't abuse its discretion in extending tenant's time to make the agreed-upon payment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but delayed execution of the eviction warrant in light of an agreement between landlord and tenant. Tenant later asked the court to extend his time to pay further. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant's default under the agreement was minimal and inadvertent. The lower court didn't abuse its discretion in extending tenant's time to make the agreed-upon payment.

124 New York Realty Co. v. Houston: NYLJ, p. 29, col. 4 (9/24/97) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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