Hearing Required on Tenant's Request to Vacate Settlement Agreement

September 30, 2005

LVT Number: 18378

Landlord sued to evict tenant for nonpayment. Tenant and landlord signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement, and the judgment and warrant that were agreed to. The court ruled against tenant. Tenant appealed and won. The lower court should have held a hearing on tenant's request. Tenant's default under the settlement agreement may have been inadvertent, the result of confusion over amounts credited by landlord and the balance due.

Landlord sued to evict tenant for nonpayment. Tenant and landlord signed a settlement agreement in court. Tenant later asked the court to vacate the settlement agreement, and the judgment and warrant that were agreed to. The court ruled against tenant. Tenant appealed and won. The lower court should have held a hearing on tenant's request. Tenant's default under the settlement agreement may have been inadvertent, the result of confusion over amounts credited by landlord and the balance due.

271 Parkside Ave. Realty LLC v. Khabo: NYLJ, 9/28/05, p. 31, col. 3 (App. T. 2 Dept.; Patterson, JP, Rios, Belen, JJ)

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