Tenant Can Vacate Settlement Agreement

July 31, 2004

LVT Number: 17498

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the settlement agreement and allow him to claim defenses to landlord's nonpayment claim. Tenant now had an attorney. The court ruled for tenant. Landlord appealed and lost. The court properly reopened the case to allow tenant to raise defenses relating to the amount of the legal regulated rent and whether there were multiple dwelling law violations barring a nonpayment case against tenant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the settlement agreement and allow him to claim defenses to landlord's nonpayment claim. Tenant now had an attorney. The court ruled for tenant. Landlord appealed and lost. The court properly reopened the case to allow tenant to raise defenses relating to the amount of the legal regulated rent and whether there were multiple dwelling law violations barring a nonpayment case against tenant.

Cretans Assn. ''Omonoia'' Inc. v. Perkis: NYLJ, 7/22/04, p. 24, col. 4 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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