Settlement Agreement Vacated Based on Tenant's Excusable Default

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant was evicted after failing to appear in court. Landlord and tenant  then signed a settlement agreement in court which gave tenant a short time to be reinstated in order to prepare to move. Tenant then got an attorney who asked the court to vacate the settlement stipulation. The court ruled for tenant. Tenant showed an excuse for his default because he didn’t receive notice of the housing court proceeding from landlord. And tenant had a defense to the eviction proceeding. Although landlord claimed that the building was an unregulated two-family house, it had been converted into eight separate rental units, and therefore tenant could claim he was rent stabilized. Tenant’s request to vacate the settlement stipulation and judgment was granted to prevent injustice.

REDF Equities LLC v Doe: Index No. L&T 083226/15, NYLJ No. 1202763458008 (Civ. Ct. Kings; 7/13/16; Finkelstein, J)