Landlord Can't Vacate Judgment That Attorney Agreed To

February 14, 2015

LVT Number: #25962

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed more than $13,000 in back rent. Landlord's attorney was unable to appear on the appointed court date and sent a substitute attorney, who signed a settlement agreement with tenant. The agreement gave landlord a money judgment of $7,600 and allowed tenant to avoid eviction if she paid the money by a certain date. Landlord later asked the court to vacate the settlement agreement, claiming that the substitute attorney wasn't authorized to settle for less than the full back rent owed.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Landlord claimed that tenant owed more than $13,000 in back rent. Landlord's attorney was unable to appear on the appointed court date and sent a substitute attorney, who signed a settlement agreement with tenant. The agreement gave landlord a money judgment of $7,600 and allowed tenant to avoid eviction if she paid the money by a certain date. Landlord later asked the court to vacate the settlement agreement, claiming that the substitute attorney wasn't authorized to settle for less than the full back rent owed. The court ruled against landlord. The substitute attorney had apparent authority to settle the case even if he didn't have actual authority to settle for the lesser amount. Landlord still had a remedy, since it could sue tenant for the remaining money owed. 

4298 Park LLC v. Bracero: 46 Misc.3d 1209(A), 2015 NY Slip Op 50023(U) (Civ. Ct. Bronx; 1/6/15; Lehrer, J)

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