361 West 121st Housing Dev. Fund Corp. (HDFC) entered into an agreement with Liza and Tony Frazier, wherein the tenants agreed to pay $9,384.09 in maintenance arrears, together with the HDFC's legal fees and future maintenance charges as they came due and payable.
When the Fraziers' first payment was $8.13 short, and five days late, the HDFC wanted to have the Fraziers evicted because of their breach of the governing contract.
After the New York County Civil Court denied the Fraziers' request to stop their eviction, the couple appealed.
The Appellate Term, First Department, thought this wasn't the type of default which warranted removing the tenants from their home. (Their non-compliance wasn't seen as a material breach of the stipulation.)
Who was short-changed there?
To view a copy of the Appellate Term's decision, please use this link: 361 W. 121st Hous. Dev. Fund Corp. v. Frazier