Tenant Bound by Settlement

LVT Number: 10266

Landlord sued to evict tenant. Landlord and tenant eventually settled the case by a stipulation in which they agreed to release each other from ''all other claims'' pending. Tenant later sought to enforce a money judgment he'd obtained in a prior nonpayment proceeding. Landlord asked the court for relief from the judgment, given the later settlement. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. The stipulation was broadly worded and was designed to resolve all outstanding landlord-tenant disputes between the parties.

Landlord sued to evict tenant. Landlord and tenant eventually settled the case by a stipulation in which they agreed to release each other from ''all other claims'' pending. Tenant later sought to enforce a money judgment he'd obtained in a prior nonpayment proceeding. Landlord asked the court for relief from the judgment, given the later settlement. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. The stipulation was broadly worded and was designed to resolve all outstanding landlord-tenant disputes between the parties.

Missionary Sisters of the Sacred Heart v. Melvyn L. Meer: NYLJ, p. 31, col. 6 (12/6/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)