Tenant Can't Vacate Stipulation

Tenant sued landlord, claiming unlawful eviction. Tenant had no attorney but signed a stipulation in court agreeing to convert her court action into an eviction action by landlord against her. In return, tenant was allowed to move back into the apartment for two months only, rent-free. Tenant later asked the court to vacate the stipulation. The court ruled against tenant. The fact that tenant had no attorney wasn't reason in and of itself to vacate the stipulation. And the stipulation wasn't one-sided. If the case went to trial, the court might have ruled that tenant was a squatter who got the apartment by misrepresenting herself. Landlord never authorized tenant to move into the apartment. A real estate broker gave tenant the keys and promised her a lease. But the broker wasn't landlord's agent and had only received the keys from the superintendent to show the apartment. Landlord couldn't verify the employment information and references tenant provided on her apartment application, so landlord didn't want to rent the apartment to tenant.

Espinoza v. Sismonoglou: NYLJ, p. 29, col. 3 (11/29/95) (Civ. Ct. Queens; Greenbaum, J)