Daughter's Settlement Vacated So She Can Make Succession Claim

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant's daughter appeared in court and claimed succession rights. Later, the parties signed a court-ordered settlement agreement. Both were represented by attorneys. The daughter agreed to move out in six months while paying monthly use and occupancy until that time. She also agreed to pay back rent owed totalling $3,455.

The daughter later changed attorneys and asked the court to vacate the settlement agreement. The daughter claimed that she didn't understand English and that the settlement agreement was unduly harsh. Landlord argued that the daughter failed to show good cause to vacate the settlement.

The court ruled for the daughter, finding that her language limitations prevented her from understanding her prior legal counsel or the terms of the settlement. She also had agreed to give up a potentially meritorious defense. She also had been making monthly use and occupancy payments. The case was restored to the court calendar for a hearing on the daughter's succession claim.

Shalimar Leasing LP v. Medina: Index No. L&T 74016/2018, NYLJ No. 1584381470 (Civ. Ct. Queens; 3/4/20; Scott-McLaughlin, J)