Tenant Can't Vacate Settlement Agreement

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant, represented by an attorney, signed a settlement agreement in court by which tenant waived any defenses, admitted she owed $22,400, and agreed to move out by Sept. 30, 2010. Landlord, in turn, agreed to accept $12,900 in full satisfaction of rent due. A month later tenant asked the court to vacate the settlement agreement. She claimed that her attorney wasn't authorized to enter into the settlement agreement on her behalf. Landlord and tenant then signed a second settlement agreement reducing the total rent due to $12,000 and otherwise affirming the first agreement. During September 2010, tenant asked the court to vacate both stipulations. The court ruled against tenant, who appealed and lost.  Tenant showed no fraud, mistake, collusion, or accident sufficient to vacate the settlement agreement. She claimed that she didn't know she had a right to a post-judgment cure period, but tenant herself was an attorney and was represented by two different attorneys when she signed the stipulations. 

125 Court Street, LLC v. Nicholson: 44 Misc.3d 128(A), 2014 NY Slip Op 50973(U) (App. T. 2 Dept.; 6/13/14; Pesce, PJ, Solomon, Elliot, JJ)