Tenant Can't Vacate Settlement Agreement

December 1, 2003

LVT Number: 16993

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement. He claimed that he was Russian-speak- ing and didn't understand the agreement that he signed. The court ruled against tenant. Tenant appealed and lost. The settlement agreement was fair, and tenant didn't have a meritorious defense to the eviction case. In addition, the court had observed tenant during his court appearances and lengthy settlement discussions before signing the settlement agreement.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement. He claimed that he was Russian-speak- ing and didn't understand the agreement that he signed. The court ruled against tenant. Tenant appealed and lost. The settlement agreement was fair, and tenant didn't have a meritorious defense to the eviction case. In addition, the court had observed tenant during his court appearances and lengthy settlement discussions before signing the settlement agreement. The court determined that tenant understood the proceedings and what he was signing.

Poplar Realty LLC v. Po: NYLJ, 11/28/03, p. 29, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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