Eviction Not Delayed Pending Ruling on Overcharge Claim

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court in which tenant agreed to a final judgment in landlord's favor and to the immediate issuance of an eviction warrant. Execution of the warrant was delayed until March 31, 2000, by agreement. Tenant later asked the court to further delay execution of the warrant. Tenant had filed a rent overcharge claim with the DHCR and expected a ruling in her favor. The court ruled against tenant. Even if tenant expected to win the overcharge case, the mere expectation wasn't enough to delay the eviction date. And the court refused tenant's request to invalidate the settlement agreement because tenant didn't get a provision in it allowing reinstatement of the landlord-tenant relationship if she won the overcharge case. This was a strategic lapse that didn't rise to the level of fraud, collusion, mistake, or accident that would warrant invalidating the agreement.

Parkash v. Charles: NYLJ, 5/3/00, p. 30, col. 3 (Civ. Ct. Bronx; Roman, J)