AC45890 - Iadanza v. Toor ("This appeal arises from a stipulated judgment in an action by the plaintiff landlord, Cosmo Iadanza, against the defendant tenant, Mohammed Toor, for breach of contract, serious nonpayment of rent, and fraudulent misrepresentation relative to the defendant's tenancy at the residential property known as 501 Woodbine Road in Stamford (property). According to the stipulation, judgment of possession entered in favor of the plaintiff 'with a final stay of execution based upon' several conditions pertaining to an option the defendant had to purchase the property. The conditions established, among other things, that the defendant would be able to purchase the property for $950,000, provided that he deposited 'with [his counsel] in trust pursuant to the terms of agreement the sum of $47,500 by August 26 [2022] [at] 4 p.m. eastern daylight time' and then satisfied certain conditions with respect to obtaining financing and closing by a date certain, and that time was of the essence 'for all actions and requirements in the stipulated agreement.' They further established that '[f]ailing to make the deposit will null and void the defendant's right to purchase the property, and the plaintiff may immediately file an affidavit stating this fact and immediately obtain a summary process execution for possession without any additional court hearings.'

The dispositive issue in this appeal is whether the trial court properly ordered a summary process execution for possession to issue after the defendant failed to make the $47,500 deposit in accordance with the terms of the stipulated judgment. The defendant claims that the plaintiff materially breached the stipulated judgment prior to the August 26, 2022 deadline and that, consequently, the defendant's obligation to make the deposit by that time had been excused. As such, he maintains that the plaintiff was not entitled to the execution. We disagree with the defendant and, accordingly, affirm the judgment of the trial court ordering the summary process execution.")