Landlord Can't Vacate Stipulation

Landlord sued to evict tenant. Landlord's husband and tenant signed a stipulation in court stating that tenant would move out and landlord would pay tenant $5,000 to do so. Shortly thereafter, landlord asked the court to vacate the stipulation. Landlord claimed that her husband had no authority to sign the stipulation and that her attorney had negotiated it against her wishes. The court ruled against landlord. Landlord was present during the negotiations and signing. She subsequently fired the attorney, who believed at the time that her husband was authorized to sign the stipulation. Landlord's husband also didn't show up at the court hearing to decide if there were grounds to set aside the stipulation. This indicated to the court that the husband didn't agree with landlord's claim. Since landlord showed no proof of fraud, collusion, mistake or accident, there was no reason to vacate the stipulation.

Williams v. James: NYLJ, p. 33, col. 3 (6/21/95) (Civ. Ct. Kings; Lau, J)