Settlement Agreement Terms Stated on Record in Court

Landlord sued to evict apartment occupant after rent-controlled tenant died. Occupant claimed pass-on rights. On the date of a court appearance, landlord's attorney advised the court that the parties had reached a settlement. Landlord's attorney said that occupant would receive a rent-stabilized lease at a monthly rent of $350 and that occupant would pay back rent owed. The attorney asked the court to delay the case so that the details of the settlement agreement could be worked out and put in writing. Several months later, no agreement had been signed. Tenant asked the court to deem the matter settled and to order landlord to give him the lease. Landlord claimed that no settlement agreement had been reached and asked the court to set a trial date. Landlord argued that her attorney wasn't authorized to make the settlement agreement stated in court. The court ruled for tenant. Landlord's attorney stated the terms of the settlement agreement on the record in court. Landlord was bound by this agreement.

Henriques v. Boitano: NYLJ, 11/5/03, p. 19, col. 3 (Civ. Ct. NY; Lau, J)