Eviction Warrant Vacated for Co-op Tenant

Facts: Landlord was the holder of unsold shares of a cooperative apartment. Landlord sued to evict month-to-month tenant of the apartment. They signed a settlement agreement in court in which tenant agreed to move out in a few months. Tenant later asked the court to delay the eviction because her daughter had just died and she hadn't found another apartment yet. The court ruled for tenant. Tenant then got an attorney and asked the court to vacate the settlement agreement. Tenant claimed that she was a nonpurchasing tenant and, by law, was entitled to a renewal lease. She hadn't gotten one since 1991. Court: Tenant wins. Even though tenant didn't live in the apartment at the time of the co-op conversion, she was entitled to Martin Act protection. It was also proper to vacate the eviction warrant and settlement agreement. Tenant didn't have an attorney when she signed the agreement, and she had a valid defense to the eviction.

Jonas Equities v. McLawrence: NYLJ, 8/31/00, p. 28, col. 3 (Civ. Ct. Kings; Rodriguez, J)