Tenant Can't Vacate Settlement Stipulation

March 31, 2009

LVT Number: #21129

Landlord sued to evict tenant. Both were represented by attorneys and signed a settlement agreement in court. Tenant agreed to move out by Nov. 15, 2008, and landlord agreed to waive all rent or use and occupancy owed. A judgment of possession and eviction warrant were issued in favor of landlord. Tenant later asked the court to vacate the warrant and the settlement agreement. He claimed that landlord made misrepresentations and that the parties had a separate agreement concerning the purchase of the building and obtaining a bank loan. The court ruled against tenant.

Landlord sued to evict tenant. Both were represented by attorneys and signed a settlement agreement in court. Tenant agreed to move out by Nov. 15, 2008, and landlord agreed to waive all rent or use and occupancy owed. A judgment of possession and eviction warrant were issued in favor of landlord. Tenant later asked the court to vacate the warrant and the settlement agreement. He claimed that landlord made misrepresentations and that the parties had a separate agreement concerning the purchase of the building and obtaining a bank loan. The court ruled against tenant. Both landlord and tenant were represented by attorneys, and their settlement agreement made no mention of the issues now raised by tenant. The court couldn't be used as a pawn in any side deal between the parties.

Awal v. Ahmed: NYLJ, 3/25/09, p. 29, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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