Tenant Restored to Possession

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant was subsequently evicted after not making all payments under a court-ordered stipulation. Tenant then asked the court to let him move back into the apartment. The trial court ruled against tenant, and tenant appealed. The appeals court reversed and ordered landlord to restore tenant to possession. The stipulation was enforceable, but tenant had lived in the apartment 18 years, had paid most of the back rent owed, and tenant was hospitalized for psychiatric illness at or about the time of the payment default. Tenant showed sufficient cause to be let back into the apartment.

1409 Second Avenue Corp. v. Pflesinger: NYLJ, p. 30, col. 1 (11/1/95) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)