Civil Court Can Enforce Settlement Agreement

June 30, 2001

LVT Number: 15096

Landlord sued to evict tenant in civil court for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, tenant agreed to move from a temporary apartment landlord gave her back to her own apartment after repairs were made. Landlord later sued tenant in Supreme Court to enforce that portion of the agreement. The Supreme Court ruled that landlord was in the wrong court and dismissed the case. Landlord appealed and lost. The civil court had the authority to enforce the settlement agreement, and landlord should have gone back to that court.

Landlord sued to evict tenant in civil court for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Among other things, tenant agreed to move from a temporary apartment landlord gave her back to her own apartment after repairs were made. Landlord later sued tenant in Supreme Court to enforce that portion of the agreement. The Supreme Court ruled that landlord was in the wrong court and dismissed the case. Landlord appealed and lost. The civil court had the authority to enforce the settlement agreement, and landlord should have gone back to that court.

Lexington Ave. Assocs. v. Kandell: NYLJ, 6/4/01, p. 27, col. 6 (App. Div.1 Dept.; Williams, JP, Lerner, Rubin, Saxe, Buckley, JJ)

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