TENANT FAILED TO COMPLY WITH AGREEMENT’S TERMS
After a landlord’s motion to restore a nonpayment proceeding to the calendar was denied by the New York County Civil Court, an appeal followed.
And on its review of the record, the Appellate Term, First Department, noted that when litigants enter into stipulations of settlement in a summary proceeding, “strict enforcement” of such agreements is typically warranted, since the parties are “free to chart their own litigation course.”
Given that the tenant here failed to honor his side of the bargain -- by making the promised rent payment by a date certain -- and, in view the agreement’s unequivocal language that the matter could be restored in such an instance for an award of “appropriate relief” in the landlord’s favor, the AT1 thought it was error for the court below to have denied the owner’s application.
Looks like they course-corrected that ….
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DECISION