Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. The agreement stated that: (1) tenant had moved out of the apartment and lived elsewhere; (2) his wife also had moved out; (3) the sole occupant of the apartment was tenant's adult daughter; (4) tenant wasn't under duress; (5) tenant consented to an eviction warrant; and (6) tenant wouldn't seek a stay of the eviction.
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement agreement in court. The agreement stated that: (1) tenant had moved out of the apartment and lived elsewhere; (2) his wife also had moved out; (3) the sole occupant of the apartment was tenant's adult daughter; (4) tenant wasn't under duress; (5) tenant consented to an eviction warrant; and (6) tenant wouldn't seek a stay of the eviction. Tenant also agreed to withdraw with prejudice a discrimination complaint filed with the State Division of Human Rights.
Tenant later sued landlord in federal court for discrimination and claimed that he never surrendered the apartment. Landlord asked the court to dismiss the case. The court ruled for landlord. Although tenant may have some mental condition, the prior settlement agreement contained a general release relieving landlord from any liability for any claims to date. In return for this release, landlord waived 25 months of outstanding rent or use-and-occupancy fees totalling $16,000. The housing court questioned tenant at the time of the settlement. At that time, tenant stated that he understood the settlement terms, and the consequences of signing a general release.
Ford v. Fourth Lenox Terrace: Index No. 09 Civ. 2660, 2011 WL 2848654 (SDNY; 7/18/11; Sweet, J)
