Settlement Agreement Is Set Aside

March 1, 2006

LVT Number: 18694

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant acknowledged that she owed $1,425 in back rent and landlord got a judgment of possession. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and won. The settlement agreement wasn't ''so ordered'' by the court, and tenant didn't have an attorney. Tenant now had an attorney and seemed to have defenses to landlord's claim for back rent. So it would be unfair to hold tenant to the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant acknowledged that she owed $1,425 in back rent and landlord got a judgment of possession. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and won. The settlement agreement wasn't ''so ordered'' by the court, and tenant didn't have an attorney. Tenant now had an attorney and seemed to have defenses to landlord's claim for back rent. So it would be unfair to hold tenant to the settlement agreement. The judgment was vacated and the case sent back to the lower court to allow tenant to raise defenses.

2722 8th LLC v. Watson: NYLJ, 2/6/06, p. 32, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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