Tenant with Overcharge Claim Can Vacate Settlement Agreement

December 17, 2014

LVT Number: #25846

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out and landlord was granted a judgment of possession. Tenant later asked the court to vacate the judgment and settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant was now represented by an attorney and showed that she had a potentially valid rent overcharge claim. The case was reopened and sent back to the lower court for pretrial questioning.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out and landlord was granted a judgment of possession. Tenant later asked the court to vacate the judgment and settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant was now represented by an attorney and showed that she had a potentially valid rent overcharge claim. The case was reopened and sent back to the lower court for pretrial questioning.

Berco Realty LLC v. Thiombiano: 45 Misc.3d 129(A), 2014 NY Slip Op 51564(U) (App. T. 1 Dept.; 11/3/14; Schoenfeld, JP, Shulman, Ling-Cohan, JJ)

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