No Grounds for Vacating Settlement Agreement

April 30, 2002

LVT Number: 15789

Landlord sued to evict tenant for illegal subletting. Landlord and tenant signed a settlement agreement. Tenant agreed to move out, landlord got a judgment, and subtenant was allowed to stay and apply for a lease for the apartment. Sixteen months later, tenant asked the court to vacate the settlement agreement. She claimed that landlord promised to give her a larger apartment in the same building. The court ruled against tenant. Tenant appealed and lost. There was nothing in the settlement agreement about giving tenant another apartment.

Landlord sued to evict tenant for illegal subletting. Landlord and tenant signed a settlement agreement. Tenant agreed to move out, landlord got a judgment, and subtenant was allowed to stay and apply for a lease for the apartment. Sixteen months later, tenant asked the court to vacate the settlement agreement. She claimed that landlord promised to give her a larger apartment in the same building. The court ruled against tenant. Tenant appealed and lost. There was nothing in the settlement agreement about giving tenant another apartment. And landlord and tenant both were represented by attorneys. There were no legal grounds for vacating the settlement agreement.

Hudson Tower Hous. Co., Inc. v. Weissbrod: NYLJ, 4/2/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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