Tenant Violated Terms of Settlement Agreement

February 1, 1999

LVT Number: 12945

Landlord sued to evict tenant for nuisance. Landlord and tenant signed a settlement agreement in court in which tenant agreed that if he didn't comply with the terms of the agreement, landlord could ask the court to award possession. Landlord went back to court after tenant didn't comply with the agreement, and the court awarded landlord possession. Tenant appealed, arguing that he hadn't created a nuisance. The appeals court ruled against tenant. The court-ordered settlement agreement was clear and was properly enforced by the trial court.

Landlord sued to evict tenant for nuisance. Landlord and tenant signed a settlement agreement in court in which tenant agreed that if he didn't comply with the terms of the agreement, landlord could ask the court to award possession. Landlord went back to court after tenant didn't comply with the agreement, and the court awarded landlord possession. Tenant appealed, arguing that he hadn't created a nuisance. The appeals court ruled against tenant. The court-ordered settlement agreement was clear and was properly enforced by the trial court. Tenant's attempt to claim defenses against landlord's original nuisance action was at this point improper.

64th St.-3rd Ave. Assocs. v. Wall: NYLJ, p. 27, col. 1 (1/25/99) (App. Div. 1 Dept.; Sullivan, JP, Nardelli, Rubin, Mazzarelli, JJ)

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