Tenant's Fourth Request to Delay Eviction Denied

October 31, 2009

LVT Number: #22247

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement, but tenant continued to default in rent payments. After failing to comply with payment terms set forth in three settlement agreements so-ordered by the court, tenant asked a fourth time for a delay of the eviction. The court ruled for tenant. Landlord appealed and won. No further delay should have been granted. Tenant had an extensive history of rent defaults both before and after landlord brought the court proceeding.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement, but tenant continued to default in rent payments. After failing to comply with payment terms set forth in three settlement agreements so-ordered by the court, tenant asked a fourth time for a delay of the eviction. The court ruled for tenant. Landlord appealed and won. No further delay should have been granted. Tenant had an extensive history of rent defaults both before and after landlord brought the court proceeding.

Boston 167 LLC v. Smalls: NYLJ, 10/27/09, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Shulman, JJ)

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