Tenants Can't Vacate Settlement Agreement

(Decision submitted by Craig S. Charie of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Landlord sued to evict rent-stabilized tenants for nonpayment of rent. Tenants, who were husband and wife, weren't represented by an attorney, but signed a court-ordered settlement agreement with landlord. Tenants agreed to move out, and landlord gave up the right to collect back rent of over $15,000 and agreed to pay tenants $10,000, plus moving expenses. Tenants later asked the court to vacate the agreement. They said it was a mistake, that they hadn't had an attorney, and that the husband had signed on behalf of the wife without her permission. The court ruled against tenants. The agreement was binding, and tenants showed no good cause to vacate it. The wife had also signed a valid power of attorney for her husband to act on her behalf.

Rainbow Constr. Co. v. Leibowitz: NYLJ, p. 27, col. 6 (9/15/99) (Civ. Ct. Bronx; Roman, J)