Tenant Who Didn't Have Attorney Can Vacate Settlement Agreement

November 1, 2003

LVT Number: 16922

Landlord sued to evict 73-year-old rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's accumulation of debris in her apartment interfered with the comfort and safety of other tenants. Landlord and tenant signed a settlement agreement in court. Tenant, who wasn't represented by an attorney, agreed to move out. Tenant later got an attorney and asked the court to vacate the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant was elderly and had been upset when she signed the settlement agreement.

Landlord sued to evict 73-year-old rent-controlled tenant for creating a nuisance. Landlord claimed that tenant's accumulation of debris in her apartment interfered with the comfort and safety of other tenants. Landlord and tenant signed a settlement agreement in court. Tenant, who wasn't represented by an attorney, agreed to move out. Tenant later got an attorney and asked the court to vacate the settlement agreement. The court ruled for tenant. Landlord appealed and lost. Tenant was elderly and had been upset when she signed the settlement agreement. Tenant didn't know she had possible defenses or could be given a chance to cure the condition in her apartment. The case wasn't dismissed. The court allowed landlord to proceed to trial.

169 Realty LLC v. Wolcott: NYLJ, 10/9/03, p. 30, col. 3 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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