Tenant Can't Vacate Settlement Agreement Signed by His Attorney

February 18, 2015

LVT Number: #25976

Landlord sued to evict apartment occupant, claiming that he was a licensee. Both sides were represented by attorneys, who signed a settlement agreement in court. Under the agreement, a judgment was awarded to landlord and an eviction warrant was issued. Tenant later asked the court to vacate the settlement, claiming that her attorney wasn't authorized to settle the case. The court ruled for tenant. Landlord appealed and won.

Landlord sued to evict apartment occupant, claiming that he was a licensee. Both sides were represented by attorneys, who signed a settlement agreement in court. Under the agreement, a judgment was awarded to landlord and an eviction warrant was issued. Tenant later asked the court to vacate the settlement, claiming that her attorney wasn't authorized to settle the case. The court ruled for tenant. Landlord appealed and won. Even if the licensee's attorney lacked real authority to do so, landlord reasonably relied on the attorney's apparent authority to sign the settlement agreement. Tenant admitted that he spoke with his attorney on the phone and was actively represented by the attorney in the court proceeding.

208 Avenue A Assoc. v. Calanni: Index No. 57077515/14, NYLJ No. 1202713915445 (App. T. 1 Dept.; 12/17/14; Lowe, PJ, Shulman, HUnter Jr. JJ)

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