Tenant Can't Vacate Settlement Agreement

May 31, 2005

LVT Number: 18135

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenants after their lease ended. Landlord and tenants signed a settlement agreement in court. Landlord agreed to a six-month delay of the eviction and a four-month rent waiver. In exchange, tenants consented to a judgment and issuance of the eviction warrant. Tenants didn't move out when scheduled, and asked the court to vacate the settlement agreement. The court ruled against tenants and gave them 12 days to move.

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law firm of Cornicello & Tendler, LLP, attorneys for the landlord.) Landlord sued to evict tenants after their lease ended. Landlord and tenants signed a settlement agreement in court. Landlord agreed to a six-month delay of the eviction and a four-month rent waiver. In exchange, tenants consented to a judgment and issuance of the eviction warrant. Tenants didn't move out when scheduled, and asked the court to vacate the settlement agreement. The court ruled against tenants and gave them 12 days to move. Although one of the tenants was disabled, landlord had already agreed to let tenants stay for six months. And landlord showed he needed the apartment for his own use. Landlord was under contract to sell the apartment he currently occupied with his family.

Marks v. Waddell: Index No. 91436/04 (Civ. Ct. Kings 5/2/05; Pinckney, J) [3-pg. doc.]

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