Tenant Can't Vacate Settlement Agreement

May 31, 2009

LVT Number: #21230

Landlord sued to evict unregulated tenant. Landlord and tenant signed a settlement agreement in court that gave tenant time before she had to move out. A judgment for landlord and eviction warrant were issued. Toward the end of the stay period, tenant asked the court to vacate the settlement agreement, claiming duress. The court ruled against tenant. Tenant appealed and lost. Tenant benefited from the settlement agreement and then waited until the end of the stay period to ask the court to set aside her agreement.

Landlord sued to evict unregulated tenant. Landlord and tenant signed a settlement agreement in court that gave tenant time before she had to move out. A judgment for landlord and eviction warrant were issued. Toward the end of the stay period, tenant asked the court to vacate the settlement agreement, claiming duress. The court ruled against tenant. Tenant appealed and lost. Tenant benefited from the settlement agreement and then waited until the end of the stay period to ask the court to set aside her agreement.

Arwin 74th St., LLC v. Bhugra: NYLJ, 5/5/09, p. 36, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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