Tenant Can't Vacate Settlement Agreement

May 31, 2007

LVT Number: 19648

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Eviction was delayed for four months, and landlord agreed to waive unpaid rent and to pay tenant $5,000 when she moved out. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney when she signed the agreement. Tenant showed no fraud or mistake that would justify setting aside the settlement agreement.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Eviction was delayed for four months, and landlord agreed to waive unpaid rent and to pay tenant $5,000 when she moved out. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. Tenant was represented by an attorney when she signed the agreement. Tenant showed no fraud or mistake that would justify setting aside the settlement agreement. Tenant now claimed that her attorney didn't advise her of possible defenses to landlord's eviction claim, but this wasn't a proper basis to set aside the settlement agreement.

Edwards v. Chavanes: NYLJ, 5/22/07, p. 28, col. 2 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)

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