Tenant Who Didn't Show Any Rent Overcharge Can't Vacate Settlement Agreement

May 22, 2017

LVT Number: #27661

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment, claiming that there was a rent overcharge. The court ruled against tenant, who appealed and lost. Courts will not easily set aside stipulations of settlement. While a settlement agreement can be set aside on the grounds of fraud, mistake, collusion, or accident, in this case tenant didn’t show that there was any overpayment warranting vacatur of the settlement agreement. 

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement and judgment, claiming that there was a rent overcharge. The court ruled against tenant, who appealed and lost. Courts will not easily set aside stipulations of settlement. While a settlement agreement can be set aside on the grounds of fraud, mistake, collusion, or accident, in this case tenant didn’t show that there was any overpayment warranting vacatur of the settlement agreement. 

 

 

 

10 Avenue Realty, LLC v. Hus: 55 Misc.3d 132(A), 2017 N.Y. Slip Op. 50427(U)(App. T. 2 Dept.; 4/7/17; Weston, JP, Pesce, Aliotta, JJ)

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