Tenant Can't Vacate Settlement Agreement

December 1, 2005

LVT Number: 18513

Landlord sued to evict Section 8 tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to set aside the agreement. The court ruled against tenant. Tenant appealed, claiming that landlord didn't attach to the petition proof that it sent copies of the termination notice and court papers to NYCHA. The appeals court ruled against tenant. Landlord's not complying with a statutory notice requirement didn't deprive the court of the authority to hear the case. And a substantial amount of time had passed since tenant signed the settlement agreement.

Landlord sued to evict Section 8 tenant. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to set aside the agreement. The court ruled against tenant. Tenant appealed, claiming that landlord didn't attach to the petition proof that it sent copies of the termination notice and court papers to NYCHA. The appeals court ruled against tenant. Landlord's not complying with a statutory notice requirement didn't deprive the court of the authority to hear the case. And a substantial amount of time had passed since tenant signed the settlement agreement. Tenant's lease expired in April 2005, and tenant had no renewal rights. Landlord would be unfairly harmed if the agreement were vacated.

D'Alesso v. Haggins: NYLJ, 11/18/05, p. 31, col. 3 (App. T. 2 Dept.; Pesce, PJ, Patterson, Belen, JJ)

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