Settlement Agreement Vacated as One-Sided

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant entered into a stipulation in court by which tenant agreed to pay back rent and landlord agreed to make repairs. Tenant initially had no attorney but obtained one while the case was still pending. Tenant then asked the court to vacate the settlement agreement, claiming it was one-sided. The court ruled for tenant. The stipulation wasn't the result of fraud, collusion, mistake, or accident. But it was overly harsh because it gave tenant no rent abatement, even though tenant claimed breach of the warranty of habitability. The court refused to dismiss the case but gave tenant the chance to submit an answer to landlord's petition.

469 W. 163rd St. Realty Corp. v. Hilario: NYLJ, p. 27, col. 5 (11/8/95) (Civ. Ct. NY; James, J)