Tenant Didn't Comply with Settlement Agreement

January 1, 2004

LVT Number: 17060

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court. Judgment of possession was granted to landlord, and landlord agreed to delay execution on an eviction warrant on the condition that tenant pay $8,400 in back rent. When tenant didn't make payments under the terms of the agreement, landlord sought to execute the warrant. Tenant then asked the court to vacate the judgment, eviction warrant, and settlement agreement. The court ruled against tenant. Tenant appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court. Judgment of possession was granted to landlord, and landlord agreed to delay execution on an eviction warrant on the condition that tenant pay $8,400 in back rent. When tenant didn't make payments under the terms of the agreement, landlord sought to execute the warrant. Tenant then asked the court to vacate the judgment, eviction warrant, and settlement agreement. The court ruled against tenant. Tenant appealed and lost. There was no proof that the settlement agreement was the result of fraud or mistake, and tenant couldn't raise new issues concerning repairs and rent abatement at this stage. Tenant defaulted on the fair terms of the settlement agreement.

231 Fifth Ave. HDFC v. Diaz: NYLJ, 12/23/03, p. 29, col. 5 (App. T. 2 Dept.; Aronin, JP, Patterson, Rios, JJ)

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