Settlement Agreement Vacated Based on Mistake

November 1, 2000

LVT Number: 14549

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered settlement agreement, which acknowledged that a judgment had been granted to landlord and which delayed execution of an eviction warrant. Tenant later asked the court to vacate the settlement agreement. Although both landlord and tenant were represented by attorneys, they made a mistake. At the time the settlement agreement was signed, the court had already vacated the judgment and eviction warrant. So there was no judgment as claimed in the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered settlement agreement, which acknowledged that a judgment had been granted to landlord and which delayed execution of an eviction warrant. Tenant later asked the court to vacate the settlement agreement. Although both landlord and tenant were represented by attorneys, they made a mistake. At the time the settlement agreement was signed, the court had already vacated the judgment and eviction warrant. So there was no judgment as claimed in the settlement agreement. Based on this mistake by both sides, the court vacated the settlement agreement.

Catala v. Guzman: NYLJ, 10/18/00, p. 33, col. 6 (Dist. Ct. Nassau; Cooper, J)

Topics

More like this