Tenant Restored to Possession After Paying Rent Due

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed in court that tenant would pay back rent in two installments. They also agreed that landlord would make certain repairs. Tenant withheld the second payment based on a dispute over whether landlord had made repairs. The court agreement didn't make payment contingent on completion of the repairs. Tenant was evicted for noncompliance with the agreement. On the day of the eviction, tenant was out of the country on a business trip. His authorized representative immediately asked the court to restore tenant to possession. The court ruled for tenant on the condition that he pay landlord's costs and attorney's fees in connection with the eviction. Landlord appealed, claiming it had already rented the apartment to someone else. The appeals court ruled against landlord. Although tenant's interpretation of the agreement was incorrect, tenant showed good cause for not making the second payment, given his belief that landlord hadn't complied with the other terms.

Pomeroy Co. v. Jang: NYLJ, p. 27, col. 1 (2/20/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)