Tenant Can't Vacate Warrant

May 31, 2006

LVT Number: 18877

Landlord sued to eject tenant. Landlord and tenant signed a settlement agreement in court. Judgment was entered for landlord, and execution of the eviction warrant was delayed until June 30, 2004. In January 2005, almost seven months later, tenant asked the court to vacate the warrant because landlord had renewed her lease on June 28, 2004. The court ruled against tenant. Tenant appealed and lost. Tenant presented no proof that her lease had been renewed. And there was no proof of any fraud, mistake, collusion, or other good cause sufficient to justify vacating the settlement agreement.

Landlord sued to eject tenant. Landlord and tenant signed a settlement agreement in court. Judgment was entered for landlord, and execution of the eviction warrant was delayed until June 30, 2004. In January 2005, almost seven months later, tenant asked the court to vacate the warrant because landlord had renewed her lease on June 28, 2004. The court ruled against tenant. Tenant appealed and lost. Tenant presented no proof that her lease had been renewed. And there was no proof of any fraud, mistake, collusion, or other good cause sufficient to justify vacating the settlement agreement.

Knight v. Lefevre: NYLJ, 5/5/06, p. 31, col. 5 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Belen, JJ)

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