Tenant Can Vacate Settlement Agreement

Landlord sued to evict tenant based on criminal activity by tenant's son at the housing complex. Landlord and tenant signed a settlement agreement in court in June 2010. Tenant agreed that he and his family would move out within two months. Tenant later obtained an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant, who appealed and won. Tenant didn't have counsel when he signed the agreement and had a possible defense. The eviction petition was based solely on criminal charges against the son that landlord claimed were "currently pending" at the time it sent a termination notice in March 2010. But the charges against tenant's son had been dismissed in December 2009 and the record was sealed. The case was sent back so that tenant could present a defense to the eviction petition.

Northtown Roosevelt LLC v. Daniels: NYLJ, 5/18/12, p. 22, col. 2 (App. T. 1 Dept.; Hunter Jr., JP, Shulman, Torres, JJ)