Settlement Agreement Signed by Lay Person Vacated

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Instead, another person appeared with a notarized letter stating that she was authorized to represent tenant. That person signed a settlement agreement with landlord, agreeing to an entry of judgment for $2,738 and the issuance of an eviction warrant. Ten years later, tenant appeared with an attorney and asked the court to vacate the default judgment against him. He claimed that he owed no rent arrears. He also said that the letter his friend presented in court wasn't a power of attorney and didn't authorize her to sign an agreement on his behalf. The court ruled for tenant. Although it was common practice for housing court to allow a lay person to appear for a tenant with a notarized letter, it wasn't permitted by law. The settlement agreement and judgment were vacated.

Parkchester Preservation Co. LP v. Feldeine: Index No. 73076/2000, NYLJ No. 1202489592981 (Civ. Ct. Bronx; 4/5/11; Kraus, J)