Tenant Can't Vacate Prior Attorney's Consent to Judgment for Landlord

Fannie Mae, as landlord, sued to evict tenant in a post-foreclosure eviction proceeding. Landlord and tenant, represented by an attorney, signed a settlement agreement. Tenant agreed to move out in three months, and landlord waived rent for that period. Tenant later got a new attorney and asked the court to vacate the settlement agreement, claiming that he was completely ignorant of what occurred with his former attorney in court. Tenant also now claimed that the case was defective because landlord didn't attach the referee's deed to its court petition.

The court ruled against tenant. The prior attorney appeared in court six times before consenting to the final judgment of possession for landlord. The court didn't believe tenant's claim that he was unaware of the prior court proceedings with prior attorney. Tenant also had remained in the apartment nearly four months past the date he was supposed to vacate. And there were no grounds that called for vacating the agreement to move out.

Fannie Mae v. Cianciulli: Index No. 0481-17, NYLJ No. 1513822639 (City Ct. Westchester; 12/13/17; Seiden, J)