Landlord Can Evict Former Super

July 31, 2009

LVT Number: #22075

New landlord sued to evict former building superintendent after buying the building and terminating the super’s employment. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. The super agreed to move out in two months, and landlord waived collection of use and occupancy fees during that time. The super later asked the court to vacate the agreement, but the court refused. The super appealed and lost. The super didn’t show that there was any cause to vacate the settlement agreement.

New landlord sued to evict former building superintendent after buying the building and terminating the super’s employment. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. The super agreed to move out in two months, and landlord waived collection of use and occupancy fees during that time. The super later asked the court to vacate the agreement, but the court refused. The super appealed and lost. The super didn’t show that there was any cause to vacate the settlement agreement. There was no fraud, collusion, mistake, accident, or other reason to invalidate the agreement.

UHAB-320 Sterling Street, HDFC v. Dupree: NYLJ, 7/31/09, p. 44, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston, Steinhardt, JJ)

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