Landlord Can Vacate Stipulation

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, who were both represented by their attorneys, signed a settlement stipulation. Both sides believed that tenant would qualify for Section 8 rent subsidies. But tenant didn't qualify, and landlord asked the court to vacate the stipulation. The court ruled for landlord. Since the stipulation was based on a mutual mistake, it could be revoked. The case was sent back for trial.

Impac Assocs. Redevelopment Co. v. Kitchen: Index No. 113671/94 (1/31/96) (Civ. Ct. NY; Rashford, J) [5-page document]