Landlord's Widow Can Enforce Settlement Stipulation

July 31, 2007

LVT Number: #19756

In 2007, landlord sued to evict his brother, who moved into landlord's home as a licensee in 1993. Landlord and his brother signed a settlement stipulation in court. The agreement gave landlord a judgment of possession and issuance of an eviction warrant. But eviction was delayed until March 30, 2007, unless landlord's mother died sooner. Then the brother would move out within 30 days. In 2006, landlord died. His brother refused to move out on March 30, 2007, and claimed that the settlement agreement was no longer valid. Landlord's wife asked the court to enforce the agreement.

In 2007, landlord sued to evict his brother, who moved into landlord's home as a licensee in 1993. Landlord and his brother signed a settlement stipulation in court. The agreement gave landlord a judgment of possession and issuance of an eviction warrant. But eviction was delayed until March 30, 2007, unless landlord's mother died sooner. Then the brother would move out within 30 days. In 2006, landlord died. His brother refused to move out on March 30, 2007, and claimed that the settlement agreement was no longer valid. Landlord's wife asked the court to enforce the agreement. The court ruled for the wife. She was co-owner of the house and could be substituted into the case as petitioner. The wife didn't have to start a new eviction proceeding.

Trama v. Trama: NYLJ, 7/10/07, p. 22, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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