Tenant Can't Vacate Judgment

September 30, 2002

LVT Number: 16137

Landlord sued to evict tenant. Tenant and landlord signed a settlement agreement in court by which judgment of possession was granted to landlord. Tenant later asked the court to vacate the judgment. He claimed that there was fraud by landlord. The court ruled against tenant. Tenant appealed and lost. There was no proof of any fraud by landlord. Tenant was bound by the terms of the settlement agreement and couldn't vacate the judgment.

Landlord sued to evict tenant. Tenant and landlord signed a settlement agreement in court by which judgment of possession was granted to landlord. Tenant later asked the court to vacate the judgment. He claimed that there was fraud by landlord. The court ruled against tenant. Tenant appealed and lost. There was no proof of any fraud by landlord. Tenant was bound by the terms of the settlement agreement and couldn't vacate the judgment.

Base v. Shankman: NYLJ, 9/25/02, p. 21, col. 5 (App. T.2 Dept.; Pesce, PJ, Aronin, Rios, JJ)

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