Subtenant Bound by Settlement Agreement

Landlord sued to evict co-op tenant for illegal subletting to tenant's brother. Landlord and tenant signed a settlement agreement in court. They agreed to a judgment for landlord and that, if tenant legally transferred his apartment shares to tenant's brother by a certain date, landlord would drop the case and let the brother remain. Tenant's brother later asked the court to vacate the settlement agreement and judgment. He claimed that the settlement was unfair because he wasn't made a party to it. The court ruled against the brother. He appealed and lost. Tenant's brother didn't have to be made a party to the settlement, and he was aware of the agreement. The brother didn't respond to landlord's questionnaire, and the shares weren't transferred to him by the required date. So landlord was entitled to possession of the apartment by the terms of the settlement agreement.

104 Division Ave. v. Lebovits: NYLJ, 4/9/01, p. 31, col. 2 (App. T.2 Dept.; Aronin, JP, Patterson, Rios, JJ)