Tenant Can Vacate Settlement Agreement

July 31, 1994

LVT Number: 8989

Landlord sued to evict rent-controlled tenant's grandson after tenant died. Grandson and landlord signed a settlement agreement in which landlord gave grandson pass-on rights to the apartment, and grandson agreed that the apartment would become rent-stabilized and the rent increased. Grandson then asked the court to vacate the settlement and let the case go to trial. The trial court agreed, and landlord appealed. Grandson wins. Grandson had signed the settlement agreement without legal advice, so he wasn't aware of his right to keep the apartment's rent control status.

Landlord sued to evict rent-controlled tenant's grandson after tenant died. Grandson and landlord signed a settlement agreement in which landlord gave grandson pass-on rights to the apartment, and grandson agreed that the apartment would become rent-stabilized and the rent increased. Grandson then asked the court to vacate the settlement and let the case go to trial. The trial court agreed, and landlord appealed. Grandson wins. Grandson had signed the settlement agreement without legal advice, so he wasn't aware of his right to keep the apartment's rent control status. Grandson's lack of legal advice had substantially prejudiced his interests.

Floral Associates v. Piehl: NYLJ, p. 31, col. 1 (7/12/94) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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