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Chelsea 19: A Survey

By Jeffrey Turkel

Chelsea 19 Associates v. James, 67 A.D.3d 601, was a seemingly unremarkable decision rendered by the Appellate Division, First Department on Nov. 24, 2009. In Chelsea 19, the landlord commenced a non-payment proceeding against a long-term rent-stabilized tenant. The parties settled the proceeding pursuant to a so-ordered stipulation whereby the tenant agreed to pay $4,000 in rent arrears by Dec. 31, 2006, and to otherwise remain current in his rent. The stipulation called for the entry of a judgment and the issuance of a warrant if the tenant breached, but gave the tenant an eight-day cure period.

The tenant defaulted on the stipulation, but Civil Court vacated the warrant of eviction when the tenant tendered the disputed sums many months after the deadline. The Appellate Division, affirming Appellate Term, held that stipulations are to be enforced, and that the tenant's excuse for his default under the stipulation ' that he had difficulty securing the necessary funds ' was no excuse at all. The tenant was thereafter evicted.

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