Tenant Violated Settlement Agreement
LVT Number: 11779
Facts: Landlord sued to evict tenant. Landlord and tenant signed a court-ordered settlement agreement permitting tenant to remain in the apartment as long as she occupied the apartment for at least some portion of each year. Landlord later asked the court for permission to go ahead with the eviction based on tenant's violation of the agreement. The court ruled for landlord, and tenant appealed, claiming that the agreement was ambiguous and that landlord had given up any claim against tenant's breach by accepting rent. Court: Tenant loses. The agreement clearly required tenant to occupy the apartment for at least some portion of each year, and tenant breached that requirement. Landlord's acceptance of use and occupancy from tenant was also provided for in the agreement and didn't constitute a waiver of tenant's violation of the agreement.
Sharp v. Stavisky: NYLJ, p. 26, col. 5 (9/18/97) (App. Div. 1 Dept.; Ellerin, JP, Williams, Mazzarelli, Andrias, Colabella, JJ)