Evicted Tenant Presents No Cause for Restoration to Possession
LVT Number: #31316
Landlord sued to evict unregulated month-to-month tenant in January 2019. Landlord and tenant signed a court-ordered settlement agreement giving landlord a judgment of possession and delaying execution on an eviction warrant until July 1, 2019. Immediately after tenant was evicted, he asked the court to vacate the settlement agreement and judgment, and to restore her to possession.
The court ruled against tenant, who appealed and lost. Tenant showed no fraud, collusion, mistake, accident, or other reason sufficient to vacate the settlement stipulation. There also was no proof that the agreement was entered into "inadvertently, unadvisably or improvidently." Tenant claimed that she wasn't properly served with a 72-hour marshal's eviction notice. But that wouldn't affect the validity of final judgment and presents no basis for granting tenant's motion since she was required to vacate by July 1, 2019, and failed to do so.
Molinelli v. Goulbourne-Fontan: 70 Misc.3d 139(A), 2021 NY Slip Op 50088(U)(App. T. 2 Dept.; 2/5/21; Aliotta, PJ, Elliot, Toussaint, JJ)