Tenant Can't Vacate Settlement Agreement to Move Out

August 9, 2012

LVT Number: #24258

Landlord sued to evict rent-stabilized tenant for creating a nuisance. During trial, landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by February 2011. Tenant was represented by an attorney. Tenant later asked the court to vacate the settlement agreement. He now claimed that landlord's seven-day termination notice was defective and pointed out that he had lived in the apartment for 28 years. The court ruled against tenant, who appealed and lost.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. During trial, landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by February 2011. Tenant was represented by an attorney. Tenant later asked the court to vacate the settlement agreement. He now claimed that landlord's seven-day termination notice was defective and pointed out that he had lived in the apartment for 28 years. The court ruled against tenant, who appealed and lost. Tenant showed no reason to invalidate the settlement agreement and had waived any claims concerning defects in the predicate notice when he signed the stipulation in court.

Geraci v. Jankowitz: 36 Misc.3d 135(A), 2012 NY Slip Op 51354(U) (App. T. 2 Dept.; 7/13/12; Pesce, PJ, Weston, Rios, JJ)

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