Tenant Bound by Settlement Agreement

May 31, 2002

LVT Number: 15861

Landlord-receiver sued to evict tenant based on prior settlement agreement. The court ruled for landlord. Tenant appealed, claiming that the prior agreement shouldn't be binding. The appeals court ruled against tenant. In a prior court action, tenant signed a settlement agreement with landlord by which she was given a preferential $100-per-month rent and agreed that her rent-stabilized lease would terminate on Aug. 31, 1998, or when foreclosure was granted, whichever occurred later. Tenant was represented by an attorney and showed no reason why the settlement agreement should be set aside.

Landlord-receiver sued to evict tenant based on prior settlement agreement. The court ruled for landlord. Tenant appealed, claiming that the prior agreement shouldn't be binding. The appeals court ruled against tenant. In a prior court action, tenant signed a settlement agreement with landlord by which she was given a preferential $100-per-month rent and agreed that her rent-stabilized lease would terminate on Aug. 31, 1998, or when foreclosure was granted, whichever occurred later. Tenant was represented by an attorney and showed no reason why the settlement agreement should be set aside. There was no impermissible waiver of tenant's rights under rent stabilization, since there was no bad faith or overreaching on landlord's part and tenant received a substantial financial benefit.

Veski v. Connors: NYLJ, 5/28/02, p. 20, col. 1 (App. T.1 Dept.; Davis, Suarez, JJ)

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