Tenant Can't Vacate Settlement Agreement

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant was represented by an attorney. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Tenant claimed that a 1989 DHCR rent reduction order was in effect at the time she signed the settlement agreement. So tenant claimed she didn't owe the rent she agreed to pay. But tenant knew about the DHCR order when she signed the settlement agreement, and had agreed to pay the rent sought by landlord anyway. Tenant didn't show that there was any fraud, mistake, or other good cause to vacate the settlement agreement.

Friben Realty Corp. v. Dordan: NYLJ, 4/12/06, p. 25, col. 5 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)