Court Won't Vacate Stipulation

In a nonpayment case, landlord and tenant agreed that tenant could have time to pay the back rent, and that landlord would make repairs to the apartment. Tenant later asked the court to vacate the stipulation, arguing that she wasn't represented by an attorney when she signed it. The court refused to vacate the stipulation. Tenant didn't prove that the stipulation was unfair or one-sided, or that she'd been prejudiced by signing it, despite her lack of legal advice. And, since landlord had relied on the stipulation and made all the necessary repairs, tenant's lack of legal representation alone wasn't enough to vacate the stipulation.

Eshina Realty Corp. v. Lopez: NYLJ, p. 30, col. 4 (1/25/95) (Civ. Ct. Bronx; Hoahng, J)