Tenant Can't Ask Second Court to Vacate Prior Settlement Agreement

April 30, 2001

LVT Number: 14949

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in housing court. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant didn't appeal but later brought an action in Supreme Court seeking to vacate the agreement. The court ruled against tenant. She appealed and lost. Tenant didn't appeal the housing court's refusal to vacate the agreement. So tenant was barred from raising the same issue in another court.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in housing court. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant didn't appeal but later brought an action in Supreme Court seeking to vacate the agreement. The court ruled against tenant. She appealed and lost. Tenant didn't appeal the housing court's refusal to vacate the agreement. So tenant was barred from raising the same issue in another court.

Gurvey v. Lynch: NYLJ, 4/26/01, p. 19, col. 1 (App. Div.1 Dept.; Ellerin, JP, Wallach, Lerner, Saxe, JJ)

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