Tenant Violates Settlement Agreement

Landlord sued to evict tenant for creating a nuisance. Other tenants complained that tenant often played loud music in her apartment. Tenant, who was represented by an attorney, signed a settlement agreement in court that gave landlord a judgment of possession and placed tenant on probation. If tenant violated the agreement, landlord could go back to court and have tenant evicted if it proved tenant violated her agreement. Ten months later, landlord asked for a court hearing, claiming that tenant violated the settlement agreement. At that point, tenant asked the court to vacate the settlement agreement. Tenant’s attorney claimed that tenant lacked the mental capacity to enter into a valid settlement agreement. The court ruled against tenant, who appealed and lost. There was no proof of tenant’s claim. Tenant submitted no medical evidence, and did not even submit her own written statement claiming lack of mental capacity. The claim concerning tenant’s mental capacity was made only in a statement by her attorney.

400 West 59th Street Partners LLC v. Edwards: NYLJ, 8/16/10, p. 18, col. 1 (App. T. 1 Dept.; McKeon, PJ, Shulman, J)