Court Vacates Settlement Agreement Tenant Signed After Suffering Epileptic Seizure
LVT Number: #27869
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court giving landlord a final judgment of possession. Tenant later asked the court to vacate the settlement agreement. The court ruled for tenant and set a new court date. Tenant showed that, on the court date, he was suffering the effects of an epileptic seizure he'd had the night before. He claimed that he wasn't able to comprehend the terms of the settlement agreement when he signed it. A doctor testified on tenant's behalf, indicating that a person suffering from a seizure like the one tenant had would be unwise to make any decisions the day after since he probably couldn't make a clear or informed decision. The court found that tenant clearly didn't have the capacity to knowingly enter into the settlement agreement at the time he signed it.
Ocean 152 LLC v. Williams: Index No. L&T077682/17, NYLJ No. 1202792677437 (Civ. Ct. Kings; 6/20/17; Scheckowitz, J)