Settlement Agreement Incorrectly Identified Apartment

Landlord sued to evict apartment occupant, claiming that his license to occupy the apartment had been terminated. Landlord and licensee signed a settlement agreement in court by which occupant agreed to vacate. But, later, occupant asked the court to revoke the agreement based on mutual mistake. The court ruled for occupant. The settlement agreement stated that occupant would move out of a second-floor apartment. But he didn’t live in a second-floor apartment. He lived in an attic apartment in the building. So the agreement, judgment, and warrant were revoked. Occupant also showed that he had a potential defense to the case since he was named as “John Doe” in landlord’s petition although landlord could have discovered his name. The case was reopened and sent back for trial or settlement.

14502 Corp. v. Doe: Index No. 81426/15, NYLJ No. 1202770151429 (Civ. Ct. Queens; 9/28/16; Rodriguez, J)