Settlement Signed by Tenant and Guardian Is Binding

Landlord sued to evict tenant for creating a nuisance. A guardian was appointed for tenant during the proceeding. The parties reached a settlement agreement in court, which was signed by landlord, tenant, and the guardian. Under the agreement, tenant agreed to move out in three months, and landlord agreed to pay tenant $11,650. A judgment and eviction warrant were issued. Later the Jewish Association for Services for the Aged was appointed as limited guardian for tenant. The association asked the court to set aside the settlement agreement, claiming that tenant had impaired judgment and was under too much pressure when he signed. The court ruled against the association. The settlement agreement was valid and binding. Before it was signed, the court reviewed the agreement directly and extensively with tenant, and told him that he waived his right to trial by signing the agreement. The court also had told tenant that if he had any doubts about the agreement, he should reject it. And while the association also argued that tenant had a valid defense to landlord’s claims, landlord’s petition stated that tenant engaged in disturbing behavior by repeatedly walking in common areas of the building undressed, as well as urinating and vomiting. Many of these incidents were recorded on videotape.

Arthur Management Co. v. Zuck: NYLJ, 2/25/08, p. 21, col. 3 (Civ. Ct. Kings; Kraus, J)