Tenant's Mother Can Set Aside Agreement

September 30, 1996

LVT Number: 10907

Landlord sued to evict rent-stabilized tenant's mother after tenant moved out of apartment. Landlord and tenant's mother agreed in a stipulation that she would move out. The mother later asked the court to set aside the agreement. The court ruled against her, and she appealed. The appeals court reversed and ruled in her favor. Tenant's mother was elderly, had no attorney, and didn't understand the nature of the agreement. Tenant's mother had lived in the apartment since 1984 and could claim pass-on rights.

Landlord sued to evict rent-stabilized tenant's mother after tenant moved out of apartment. Landlord and tenant's mother agreed in a stipulation that she would move out. The mother later asked the court to set aside the agreement. The court ruled against her, and she appealed. The appeals court reversed and ruled in her favor. Tenant's mother was elderly, had no attorney, and didn't understand the nature of the agreement. Tenant's mother had lived in the apartment since 1984 and could claim pass-on rights.

Kochar Group v. Czaplicki: NYLJ, p. 21, col. 2 (9/24/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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