Tenant Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, and tenant was evicted. Tenant later asked the court to restore her to possession of the apartment. The court ruled against tenant, and tenant appealed. The appeals court ruled for tenant on the condition that she pay landlord $1,800 in back rent within 10 days. Landlord and tenant had signed a settlement agreement before the trial court that an eviction warrant would be issued but delayed if tenant paid amounts owed on certain dates. The agreement also said that if tenant didn't pay the rent due under the agreement, landlord could enforce the warrant on five days' notice to tenant. Since landlord enforced the eviction warrant without any notice to tenant, tenant should be restored to possession.

First Bank of Beverly Hills v. Toussaint: NYLJ, p. 31, col. 6 (7/16/99) (App. T.2 Dept.; Aronin, PJ, Scholnick, Chetta, JJ)