Tenant Can't Vacate Settlement Agreement

January 1, 2005

LVT Number: 17807

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Afterward, landlord and tenant signed a settlement agreement by which tenant agreed to pay back rent in installments. Tenant made one payment, then asked the court two months later to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Tenant signed the settlement agreement after entry of the default judgment. So the court couldn't reexamine whether the default judgment was proper.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Afterward, landlord and tenant signed a settlement agreement by which tenant agreed to pay back rent in installments. Tenant made one payment, then asked the court two months later to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Tenant signed the settlement agreement after entry of the default judgment. So the court couldn't reexamine whether the default judgment was proper. And tenant offered no excuse for not complying with the agreement other than changing her mind.

Cora Realty Co. LLC v. Turner: NYLJ, 12/9/04, p. 29, col. 4 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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