Tenant Can't Vacate Settlement Agreement

Facts: Landlord sued to evict tenant based on substantial lease violations. Landlord and tenant were both represented by attorneys and signed a settlement agreement by which landlord got a judgment of possession, tenant agreed to move out by June 30, 2002, and an eviction warrant was delayed until that date. Landlord also waived payment of use and occupancy during the four-month delay period. Tenant's monthly rent was $800. Tenant didn't move out by the deadline, got a new attorney, and asked the court to vacate the settlement agreement. She claimed that landlord's termination notice was defective and that she was pressured into signing the settlement agreement. Court: Tenant loses. The court held a hearing at which tenant's prior attorney and tenant testified. Tenant had been advised of a possible defense based on defects in the termination notice. She also knew that if the case had been dismissed, landlord would immediately have started a new case. Tenant understood the terms of the settlement agreement and freely entered into it. There was no reason to vacate the agreement.

Carrington Arms Housing Development Fund Co. v. Garvin: NYLJ, 12/18/02, p. 29, col. 2 (City Ct. New Rochelle; Colangelo, J)