Landlord Can't Enforce Money Judgment Against Guarantor

November 1, 2001

LVT Number: 15380

Landlord sued to evict tenant. Tenant and landlord signed a settlement agreement in court by which tenant consented to a money judgment against him and his mother, who was the guarantor on his lease. Tenant's mother later asked the court to vacate the money judgment against her. The court ruled against her. She appealed and won. Tenant's mother wasn't a proper party in the case. Tenant's mother didn't sign the settlement agreement, and landlord didn't properly deliver to her the court papers that started the case.

Landlord sued to evict tenant. Tenant and landlord signed a settlement agreement in court by which tenant consented to a money judgment against him and his mother, who was the guarantor on his lease. Tenant's mother later asked the court to vacate the money judgment against her. The court ruled against her. She appealed and won. Tenant's mother wasn't a proper party in the case. Tenant's mother didn't sign the settlement agreement, and landlord didn't properly deliver to her the court papers that started the case. Landlord delivered the court papers to tenant's mother by leaving a copy of them at the apartment for her. But landlord knew she didn't live there and didn't make any attempt to find or send her the court papers elsewhere.

African American Realty Co. v. Bebenek: NYLJ, 10/5/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, PJ, Davis, Suarez, JJ)

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