Tenant Can't Vacate Settlement Agreement

April 1, 2002

LVT Number: 15702

Landlord sued to evict tenant for illegal use of her apartment. Tenant asked the court for time to get an attorney. The court agreed. Tenant returned to court several weeks later, still without an attorney. Landlord and tenant then signed a settlement agreement by which tenant agreed to move out in four months. Three months later, tenant had gotten an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. The appeals court again ruled against tenant.

Landlord sued to evict tenant for illegal use of her apartment. Tenant asked the court for time to get an attorney. The court agreed. Tenant returned to court several weeks later, still without an attorney. Landlord and tenant then signed a settlement agreement by which tenant agreed to move out in four months. Three months later, tenant had gotten an attorney and asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. The appeals court again ruled against tenant. Tenant showed no fraud, collusion, mistake or accident that would warrant vacating the settlement agreement.

NYCHA-Ingersoll Houses v. Charles: NYLJ, 3/11/02, p. 28, col. 3 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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