Tenant Can't Vacate Judgment

February 1, 2001

LVT Number: 14731

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later sought to vacate the judgment landlord got when tenant didn't pay under the terms of the settlement agreement. Tenant claimed that apartment repairs were needed. The court ruled against tenant. Tenant appealed and lost. The settlement agreement didn't require landlord to make repairs. Also, tenant sought to vacate only the judgment, not the settlement agreement.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court in which tenant agreed to pay back rent. Tenant later sought to vacate the judgment landlord got when tenant didn't pay under the terms of the settlement agreement. Tenant claimed that apartment repairs were needed. The court ruled against tenant. Tenant appealed and lost. The settlement agreement didn't require landlord to make repairs. Also, tenant sought to vacate only the judgment, not the settlement agreement.

Heywood Braun Towers v. Vaughn: NYLJ, 1/31/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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