Settlement Agreement Set Aside

January 1, 2002

LVT Number: 15545

Landlord sued to evict tenants after sending them 30-day termination notices. Landlord and tenants signed settlement agreements in which tenants admitted they weren't rent stabilized. Tenants later asked the court to vacate the settlement agreements. The court ruled for tenants. Landlord appealed and lost. Landlord had misrepresented the status of the apartments. Tenants didn't know they were rent stabilized, and landlord hadn't notified tenants of this or registered the apartments with the DHCR.

Landlord sued to evict tenants after sending them 30-day termination notices. Landlord and tenants signed settlement agreements in which tenants admitted they weren't rent stabilized. Tenants later asked the court to vacate the settlement agreements. The court ruled for tenants. Landlord appealed and lost. Landlord had misrepresented the status of the apartments. Tenants didn't know they were rent stabilized, and landlord hadn't notified tenants of this or registered the apartments with the DHCR. So the 30-day termination notices were invalid, and the court properly set aside the settlement agreements.

716 Lefferts, LLC v. Goldstock; 716 Lefferts, LLC v. Yechilov: NYLJ, 12/14/01, p. 23, col. 4 (App. T.2 Dept.; Scholnick, PJ, Aronin, Rios, JJ)

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