Tenant Can't Vacate Settlement Agreement

February 1, 2006

LVT Number: 18640

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney and showed no fraud, collusion, mistake, or accident that would warrant vacating the settlement agreement. Although tenant had declared bankruptcy, this didn't prevent landlord from evicting tenant, it just barred collection of back rent due.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney and showed no fraud, collusion, mistake, or accident that would warrant vacating the settlement agreement. Although tenant had declared bankruptcy, this didn't prevent landlord from evicting tenant, it just barred collection of back rent due.

GDJ Realty Corp. v. Joseph: NYLJ, 1/12/06, p. 32, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston, Patterson, Golia, JJ)

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