Tenant Made Good-Faith Effort to Comply with Settlement Agreement

Facts: Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement. Tenant agreed to move out by July 31. Landlord waived use and occupancy and agreed to pay tenant $22,000 when he moved out. Tenant didn't actually move out until Aug. 1. Landlord claimed that tenant violated the agreement and wasn't entitled to the $22,000. Landlord and tenant asked the court to decide the question. Court: Tenant wins. Tenant admitted that he didn't move out until 1:00 a.m. on Aug. 1. Landlord claimed that tenant didn't deliver a key, left personal items in the apartment, and remained in the building foyer until noon on Aug. 1. The court found that tenant made a good-faith effort to move out by July 31, that his breach of the agreement wasn't material, and that he was entitled to the $22,000.

J&H Equities Co., LLC v. Knudholt: NYLJ, 12/20/02, p. 21, col. 2 (Civ. Ct. NY; Cavallo, J)