Tenant Can't Vacate Settlement Agreement

April 1, 2006

LVT Number: 18763

(Decision submitted by William Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out of the apartment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Though tenant was not represented by an attorney, the lower court determined that tenant understood the terms of the agreement.

(Decision submitted by William Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out of the apartment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Though tenant was not represented by an attorney, the lower court determined that tenant understood the terms of the agreement. Tenant also received ample compensation for his agreement to move out of the unregulated apartment. And tenant's claim, at this point, that he needed a guardian ad litem was properly denied. There was no proof that tenant was incapable of defending his rights.

FD-HFZ West 44 v. Wilson: NYLJ, 3/31/06, p. 28, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

Topics

More like this