Tenant Can't Vacate Settlement Agreement

February 8, 2012

LVT Number: #23912

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted on payments, and landlord sought to execute on the judgment and warrant. Tenant then asked the court to vacate the settlement agreement, claiming that he never lived in the apartment. The court ruled for tenant. Landlord appealed and won. Tenant presented no excuse for his failure to appear in court and no defense to landlord's claim for rent arrears. Final judgment was reinstated, and the eviction warrant was stayed for 30 days only.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later defaulted on payments, and landlord sought to execute on the judgment and warrant. Tenant then asked the court to vacate the settlement agreement, claiming that he never lived in the apartment. The court ruled for tenant. Landlord appealed and won. Tenant presented no excuse for his failure to appear in court and no defense to landlord's claim for rent arrears. Final judgment was reinstated, and the eviction warrant was stayed for 30 days only.

342 E. 67 Realty LLC v/ Jacobs: NYLJ, 1/31/12, p. 18, col. 3 (App. T. 1 Dept.; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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