Occupant Can't Vacate Settlement Agreement

LVT Number: 18960

In an administrative proceeding, landlord NYCHA determined that occupant of apartment, who claimed to be tenant's cousin, had no pass-on rights after tenant moved out. Landlord then sued to evict occupant. Landlord and occupant signed a settlement agreement in court. Occupant agreed to move out by a certain date, but later asked the court to vacate the settlement agreement. The court ruled against occupant. He appealed and lost. There was no proof of any coercion, mistake, fraud, or any other reason to vacate the settlement agreement.

In an administrative proceeding, landlord NYCHA determined that occupant of apartment, who claimed to be tenant's cousin, had no pass-on rights after tenant moved out. Landlord then sued to evict occupant. Landlord and occupant signed a settlement agreement in court. Occupant agreed to move out by a certain date, but later asked the court to vacate the settlement agreement. The court ruled against occupant. He appealed and lost. There was no proof of any coercion, mistake, fraud, or any other reason to vacate the settlement agreement.

NYCHA Glenmore Plaza Houses v. Allah: NYLJ, 6/15/06, p. 34, col. 5 (App. T. 2 Dept.; Weston Patterson, JP, Golia, Belen, JJ)