Tenant Not Bound by Prior Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant didn't pay a rent increase for apartment improvements. In a prior nonpayment case, landlord and tenant had signed a settlement agreement, which stated that landlord would renovate the apartment and tenant would pay a rent increase. Tenant claimed that he shouldn't be bound by the prior agreement because he didn't understand what he'd signed. Tenant didn't speak English, and landlord's employee had explained the agreement to tenant in Spanish in court. Tenant thought the settlement agreement said that tenant would pay back rent and landlord would make repairs. The court ruled for tenant and dismissed the case. The court believed that tenant didn't understand the prior agreement.

Safonte v. Garcia: NYLJ, 11/3/04, p. 19, col. 1 (Civ. Ct. Kings; Marton, J)