Tenant's Son Settled Case with Landlord

LVT Number: 15201

Landlord sued to evict tenant. Tenant's son appeared in court and settled the case with landlord. Tenant's son then sent payment for back rent and future rent, which landlord rejected. The court then entered a judgment for landlord, and tenant was evicted. Tenant appealed. The appeals court ruled for tenant in part. The court shouldn't have entered a judgment or eviction warrant because the case was settled. Landlord should have accepted the rent checks from tenant's son. Tenant asked the court to restore him to possession. In the meantime, a new tenant had moved into the apartment.

Landlord sued to evict tenant. Tenant's son appeared in court and settled the case with landlord. Tenant's son then sent payment for back rent and future rent, which landlord rejected. The court then entered a judgment for landlord, and tenant was evicted. Tenant appealed. The appeals court ruled for tenant in part. The court shouldn't have entered a judgment or eviction warrant because the case was settled. Landlord should have accepted the rent checks from tenant's son. Tenant asked the court to restore him to possession. In the meantime, a new tenant had moved into the apartment. The court ruled that tenant must first join the new tenant in the case and then the court would have to weigh the rights of all concerned.

Chester Mamaroneck Gardens v. Riggsbee: NYLJ, 7/13/01, p. 21, col. 5 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)