Tenant Can't Be Restored to Possession After Eviction

February 1, 2011

LVT Number: #23152

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Landlord and tenant signed a settlement agreement in court, which gave landlord a judgment of possession and eviction warrant, but delayed eviction until April 2009. Tenant was evicted and, three weeks later, asked the court to vacate the agreement and restore her to possession temporarily. The court refused. Tenant appealed and lost. Tenant showed no fraud, mistake, or other reason to vacate the settlement agreement she signed with landlord.

Landlord sued to evict month-to-month tenant after sending tenant a 30-day termination notice. Landlord and tenant signed a settlement agreement in court, which gave landlord a judgment of possession and eviction warrant, but delayed eviction until April 2009. Tenant was evicted and, three weeks later, asked the court to vacate the agreement and restore her to possession temporarily. The court refused. Tenant appealed and lost. Tenant showed no fraud, mistake, or other reason to vacate the settlement agreement she signed with landlord.

Tien v. Liu: NYLJ, 1/19/11, p. 26, col.6 (App. T. 2 Dept.; Golia, JP, Pesce, Steinhardt, JJ)

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