Landlord Can't Vacate Settlement Agreement

April 30, 2006

LVT Number: 18829

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord agreed to discontinue the case ''with prejudice.'' Landlord later asked the court to vacate the settlement agreement. The court ruled against landlord. Landlord appealed and lost. Both sides had attorneys, and landlord showed no good cause to set aside the settlement agreement. There was nothing unclear in the settlement agreement, which appeared to fully and accurately represent the agreement between landlord and tenant.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord agreed to discontinue the case ''with prejudice.'' Landlord later asked the court to vacate the settlement agreement. The court ruled against landlord. Landlord appealed and lost. Both sides had attorneys, and landlord showed no good cause to set aside the settlement agreement. There was nothing unclear in the settlement agreement, which appeared to fully and accurately represent the agreement between landlord and tenant.

Wilton Estates, Inc. v. Kang: NYLJ, 4/25/06, p. 26, col. 1 (App. T. 1 Dept.; Davis, JP, Schoenfeld, J)

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