Tenant Showed No Good Cause to Be Restored to Apartment

LVT Number: #28072

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but the court later granted eviction of tenant. The court denied tenant's second request post-eviction to be restored to possession. Tenant appealed and lost. Tenant offered no excuse for her multiple failures to appear before the court nor any adequate explanation for her failure to comply with the terms of the settlement stipulation. Tenant also owed substantial rent arrears.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but the court later granted eviction of tenant. The court denied tenant's second request post-eviction to be restored to possession. Tenant appealed and lost. Tenant offered no excuse for her multiple failures to appear before the court nor any adequate explanation for her failure to comply with the terms of the settlement stipulation. Tenant also owed substantial rent arrears. So there was no good cause shown to vacate the eviction warrant and restore tenant to possession of the apartment. There also was now a new tenant in the apartment who hadn't been made a party to the proceeding.

52 Hamilton Place NYC Corp. v. Araman: 57 Misc.3d 152(A), 2017 NY Slip Op 51584(U) (App. T. 1 Dept.; 11/27/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)