Out-of-Court Surrender Agreement Declared Void

May 31, 1999

LVT Number: 13247

Tenant, by his court-appointed guardian, sued landlord to be restored to possession of a rent-controlled apartment. Landlord claimed that tenant had voluntarily moved out. Tenant and landlord had signed an out-of-court surrender agreement, and landlord had paid tenant $2,500. Tenant claimed that he had been threatened by landlord's son and coerced into moving out. The court ruled for tenant, and landlord appealed. The appeals court also ruled for tenant. Tenant proved that the out-of-court agreement hadn't been signed voluntarily. Tenant was mentally disabled and had nowhere else to live.

Tenant, by his court-appointed guardian, sued landlord to be restored to possession of a rent-controlled apartment. Landlord claimed that tenant had voluntarily moved out. Tenant and landlord had signed an out-of-court surrender agreement, and landlord had paid tenant $2,500. Tenant claimed that he had been threatened by landlord's son and coerced into moving out. The court ruled for tenant, and landlord appealed. The appeals court also ruled for tenant. Tenant proved that the out-of-court agreement hadn't been signed voluntarily. Tenant was mentally disabled and had nowhere else to live. It wasn't believable that he would voluntarily move out of a six-room apartment under these circumstances. And since landlord had forced the agreement on tenant, tenant didn't have to refund the $2,500 to be restored to the apartment.

Grasso v. Matarazzo: NYLJ, p. 29, col. 6 (5/26/99) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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