Tenant's Attorney Not Authorized to Sign Settlement Agreement

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's failure to appear in court. Tenant later asked the court to vacate the default judgment, claiming that she never received the court papers. Tenant also claimed that repairs to the apartment were needed. On the next court date, tenant's attorney appeared with tenant and signed a settlement agreement with landlord. The agreement stated that tenant would pay $10,000 in back rent. The agreement didn't mention repairs. Tenant then got a new attorney and asked the court to set aside the settlement agreement. The court ruled against tenant. Tenant appealed and won. Tenant showed that she had not authorized her first attorney to sign the settlement agreement. She had met with him once after she received the eviction notice. She also acted quickly to get a new attorney after she found out about the settlement agreement.

701 Empire Blvd., LLC v. Sweet: NYLJ, 1/12/07, p. 30, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Belen, JJ)