Landlord Can't Vacate Settlement Agreement Based on Mistake

January 1, 2002

LVT Number: 15521

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, by their attorneys, signed a settlement agreement. Landlord later asked the court to vacate the agreement because of a mistake. Instead of agreeing that the monthly rent was $690, they should have agreed that it was $690 plus all lawful rent increases. The court ruled against landlord, finding that landlord had enough time to catch any mistakes and shouldn't be allowed to now change the settlement agreement. As stated by the court: ''He who snoozes, loses.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, by their attorneys, signed a settlement agreement. Landlord later asked the court to vacate the agreement because of a mistake. Instead of agreeing that the monthly rent was $690, they should have agreed that it was $690 plus all lawful rent increases. The court ruled against landlord, finding that landlord had enough time to catch any mistakes and shouldn't be allowed to now change the settlement agreement. As stated by the court: ''He who snoozes, loses.

227 E. 178 Realty Co. LLC v. Morillo: NYLJ, 12/12/01, p. 20, col. 2 (Civ. Ct. Bronx; Heymann, J)

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