Tenants Can Vacate Stipulation

Landlord sued to evict co-op tenants, a married couple, for nonpayment. Tenants appeared without an attorney and signed a stipulation agreeing to pay an amount much greater than the monthly back rent due for the period in question. Tenants later got an attorney and asked the court to vacate the stipulation. The court ruled for tenants. Landlord's demand notice and petition failed to name the wife as a party, even though both husband and wife were tenants. Landlord's papers also failed to clearly break down what portion of the total amount claimed was for rent and what was for other charges; some of the other charges were invalid under tenants' occupancy agreement. Tenants also waived substantial rights without realizing it by signing the stipulation. At least one of tenants was legally blind and seriously ill.

Shore Terrace Co-op v. Schwartz: NYLJ, p. 24, col. 2 (7/31/96) (Civ. Ct. Kings; Callender, J)