Tenant Gave up Illegal Eviction Claim

July 31, 1994

LVT Number: 8959

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a settlement agreement in which tenant promised to drop his claim for illegal eviction. Tenant later asked the court to vacate the agreement, claiming he'd signed it even though he couldn't read or write, and hadn't been represented by a lawyer. Tenant loses. While negotiating the terms of the agreement with landlord, tenant had consulted an attorney by telephone, and his sister had read the agreement to him before he signed it.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a settlement agreement in which tenant promised to drop his claim for illegal eviction. Tenant later asked the court to vacate the agreement, claiming he'd signed it even though he couldn't read or write, and hadn't been represented by a lawyer. Tenant loses. While negotiating the terms of the agreement with landlord, tenant had consulted an attorney by telephone, and his sister had read the agreement to him before he signed it. He also had two months after signing the agreement in which to reconsider it before it took effect.

Malafis v. Creese: NYLJ, p. 29, col. 3 (7/20/94) (Civ. Ct. Kings; Callender, J)

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