Licensee Can't Vacate Settlement Agreement

Landlord sued to evict apartment occupant after rent-stabilized tenant died. Landlord claimed that occupant was tenant’s licensee and could no longer remain in the apartment. Landlord and licensee signed a settlement agreement in court. Landlord agreed to delay eviction and gave licensee a substantial benefit for his agreement to move out. Licensee later asked the court to vacate the settlement agreement. He now claimed that he signed it under duress. The court and appeals court ruled against licensee. Settlement agreements shouldn’t be cast aside easily. Here, both sides were represented by attorneys and there was no proof of any fraud, collusion, mistake, or accident. And licensee waited until the end of the delay period before seeking to vacate the agreement.

Amsterdam Ave, LLC v. Maynard: NYLJ, 1/27/10, p. 34, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)