Tenant's Son Had No Legal Right to Settle Case for Tenant

Landlord sued to evict rent-controlled tenant for nonprimary residence. Landlord and tenant’s son signed a settlement agreement in court, granting landlord a judgment of possession and issuance of an eviction warrant. Tenant’s daughter later asked the court to vacate the settlement agreement. Tenant had suffered from Alzheimer’s since 2006 and had signed a power of attorney naming the daughter. The daughter claimed that tenant’s son had no authority to sign the settlement agreement. Landlord argued that the son and his attorney had apparent authority to settle, and the agreement should be upheld. The court ruled for tenant’s daughter. Tenant’s son wasn’t legally authorized to settle the case, and the agreement must be vacated.

34th Street LIC Corp. v. Capuano: NYLJ, 6/9/10, p. 29, col. 1 (Civ. Ct. Queens; Birnbaum, J)