Settlement Agreement Vacated

Landlord sued to evict tenant after termination of her tenancy effective Sept. 20, 1998. Landlord then accepted October rent from tenant before starting its eviction case. In court, tenant signed a settlement agreement with landlord stating that she would move from her two-bedroom apartment into a one-bedroom apartment. Tenant later got an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and won. The terms of the settlement agreement were overly harsh, considering that landlord had waived its right to maintain the case by accepting rent and since tenant claimed that she never got the termination notice in the mail. The agreement, judgment, and eviction warrant were all vacated.

Cow Bay Housing Development Fund Co. v. Perez: NYLJ, 6/7/00, p. 29, col. 3 (App. T.2 Dept.; DiPaola, PJ, Floyd, Oshrin, JJ)