Tenant Can't Vacate Oral Settlement Agreement

April 1, 2004

LVT Number: 17228

Landlord sued to evict tenant. Landlord and tenant entered into an oral settlement agreement in court. Tenant later refused to put the agreement in writing and asked the court to vacate it. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney, and the agreement was definite and intended to be binding. There were no grounds for vacating the agreement, even if it wasn't in writing.

Landlord sued to evict tenant. Landlord and tenant entered into an oral settlement agreement in court. Tenant later refused to put the agreement in writing and asked the court to vacate it. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney, and the agreement was definite and intended to be binding. There were no grounds for vacating the agreement, even if it wasn't in writing.

Rivercross Tenants' Corp. v. Tsao: NYLJ, 3/25/04, p. 29, col. 6 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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