Tenant Never Agreed to Settlement Stipulation

March 1, 1995

LVT Number: 9526

Landlord sued to evict tenant. Landlord and tenant began negotiating a stipulation of settlement. Landlord later asked the court to enforce the stipulation. The court ruled against landlord. Tenant had never signed the stipulation and it was never ''so ordered'' by the court. Tenant's attorney had proposed changes to the stipulation prepared by landlord. Landlord's attorney didn't return a signed stipulation with any initialed changes. So, there was no agreement. Landlord appealed, and the appeals court again ruled against landlord.

Landlord sued to evict tenant. Landlord and tenant began negotiating a stipulation of settlement. Landlord later asked the court to enforce the stipulation. The court ruled against landlord. Tenant had never signed the stipulation and it was never ''so ordered'' by the court. Tenant's attorney had proposed changes to the stipulation prepared by landlord. Landlord's attorney didn't return a signed stipulation with any initialed changes. So, there was no agreement. Landlord appealed, and the appeals court again ruled against landlord.

Katz v. Denninger: NYLJ, p. 27, col. 3 (2/27/95) (App. T. 1 Dept.; Parness, PJ, McCooe, Glen, JJ)

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