Tenant Who Didn't Renew Lease Can Vacate Stipulation to Move Out

Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by June 30, 2012. In return, landlord waived four months' rent. Landlord and tenant later signed a second stipulation, giving tenant more time to move provided tenant paid all accrued use and occupancy. Tenant later asked the court to vacate the agreement. She now claimed that landlord hadn't offered her a proper renewal lease and she had signed the settlement agreement under duress. The court ruled against tenant, who appealed and won.  In this case, tenant didn't receive the benefit of her bargain since she ultimately paid the waived rent/use and occupancy. Tenant also had a potentially meritorious defense since landlord may not have offered a proper renewal lease. At minimum tenant inadvertently waived her right to a post-judgment cure by signing a renewal lease.  

45-48 47th Street Corp. v. Murphy: Index No. 2228/2012, NYLJ No. 1202665828438 (App. T. 2 Dept.; 8/5/14; Pesce, PJ, Solomon, Weston [dissenting], JJ)