Tenant Violated Stipulations in Chronic Nonpayment Case

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in court, which put tenant on probation. The parties also agreed to a judgment for landlord with eviction delayed pending tenant's compliance with the agreement to pay rent on time. Tenant repeatedly failed to comply with the payment terms, even after landlord signed two further stipulations with tenant. Tenant then asked the court to stay execution on the eviction warrant. The court ruled against tenant, who appealed and lost. The fact that landlord initially held off on enforcing the payment provisions of the settlement agreement didn't excuse tenant from complying. Given tenant's extensive history of rent defaults, which continued unabated during the probationary stay period, no further delay of eviction was warranted.

Third Lenox Terrace Associates v. Johnson: NYLJ, 2/22/12, p. 27, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Torres, Hunter Jr., JJ)