Tenant Can't Vacate Settlement Agreement with Court-Appointed Receiver

LVT Number: 15097

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord receiver sued to evict tenant of a cooperative apartment after his lease expired. Tenant signed a settlement agreement in court with landlord and agreed to move out within six months. Tenant was then given a two-month extension to move out. Tenant then asked the court to vacate the settlement agreement. He claimed that under the law governing cooperative apartments, he was entitled to a renewal lease. The court ruled against tenant.

(Decision submitted by Jennifer Ecker of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord receiver sued to evict tenant of a cooperative apartment after his lease expired. Tenant signed a settlement agreement in court with landlord and agreed to move out within six months. Tenant was then given a two-month extension to move out. Tenant then asked the court to vacate the settlement agreement. He claimed that under the law governing cooperative apartments, he was entitled to a renewal lease. The court ruled against tenant. Tenant had agreed to move out and was given more than six months to do so. And a court-appointed receiver isn't bound by the same rules that a cooperative owner or sponsor is.

Kew Garden Hills v. Jeffers: Index No. 70325/00 (Civ. Ct. Queens 3/5/01; Katz, J) [6-pg. doc.]

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