Tenant Who Didn't Understand English Can Vacate Settlement Agreement

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out of the apartment within six months. Tenant was represented by an attorney in court. Tenant later asked the court to vacate the settlement agreement. She said she didn't understand the settlement agreement that she signed, didn't know her tenancy had been terminated, and hadn't hired the attorney who represented her. The court ruled for tenant. Tenant was 71 years old and didn't speak English. She spoke Croatian as her native language. She was in a nursing home temporarily at the time she signed the agreement. She spoke to the attorney only once, on the phone, for a few minutes, never met him, didn't sign a retainer agreement, and didn't pay the attorney. Tenant's stepson, who paid the attorney, claimed that he explained the agreement to tenant, but the court found that the stepson didn't speak English well, either, and couldn't have understood the agreement. The settlement agreement was invalid because tenant didn't understand it and because the attorney who submitted it had no authority to represent tenant.

546 W. 46 LLC v. Bujas: NYLJ, 1/28/04, p. 18, col. 1 (Civ. Ct. NY; McClanahan, J)