Tenant's Grandson Can Vacate Settlement Agreement

June 30, 2000

LVT Number: 14230

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson signed a settlement agreement in court, in which he agreed to move out. He wasn't represented by an attorney at the time. Later, tenant's grandson got an attorney and asked the court to vacate the settlement agreement. The court ruled for the grandson. Landlord appealed and lost. Tenant's grandson was a Russian immigrant, wasn't fluent in English, and wasn't familiar with landlord-tenant law. He claimed that he had lived with tenant for at least two years before tenant died.

Landlord sued to evict rent-controlled tenant's grandson after tenant died. The grandson signed a settlement agreement in court, in which he agreed to move out. He wasn't represented by an attorney at the time. Later, tenant's grandson got an attorney and asked the court to vacate the settlement agreement. The court ruled for the grandson. Landlord appealed and lost. Tenant's grandson was a Russian immigrant, wasn't fluent in English, and wasn't familiar with landlord-tenant law. He claimed that he had lived with tenant for at least two years before tenant died. Since he may have a valid pass-on claim and may not have fully understood the settlement agreement, the court vacated the settlement agreement and sent the case back for a trial.

Ave. A at St. Marks Partners, L.P. v. Strachnyl: NYLJ, 6/13/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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