Tenant Must Pay Despite Claimed ‘Oral Agreement'

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed he worked for landlord and had an oral agreement with landlord by which he didn't have to pay rent during a one-year period when he was ill. Landlord denied this. The court ruled for landlord. Tenant worked for a separate management company owned by landlord. There was no written agreement to alter tenant's lease obligation to pay rent. Tenant's written agreement to pay rent can't be altered by a supposed oral agreement to the contrary. And the individual that tenant claimed told him not to pay rent until he recovered denied making such an arrangement.

Ashlar, Inc. v. Post: Index No. SP3451/97 (12/1/97) (Dist. Ct. Nassau; Warshawsky, J) [7-page document]