Tenant Can Vacate Stipulation

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, both represented by attorneys, signed a settlement stipulation in April 1996, by which tenant consented to the issuance of judgment and an eviction warrant, with execution of the warrant delayed until August 31, 1996, and landlord agreed to waive back rent due totaling $7,000. Tenant later asked the court to vacate the stipulation, claiming that the DSS had provided incorrect information to tenant and tenant's attorney regarding the availability of shelter funds to which tenant was entitled and which would enable her to continue to pay rent. The court ruled against tenant, and tenant appealed. The appeals court reversed and ruled for tenant. Tenant had been paying rent until the DSS started to pay landlord directly. When landlord and tenant signed the stipulation, tenant and her attorney were under the mistaken belief that a W-9 form was required by the DSS before rent payments could be made to landlord. And nothing indicated that landlord had a DSS vendor identification number. Landlord denied ever registering with the DSS to accept direct payments, but the DSS was ready, willing, and able to pay all of tenant's back rent and attempted to do so in June 1996. The mistake was correctable and would prevent eviction.

Ciuffetelli v. Meginn: NYLJ, p. 33, col. 1 (12/3/97) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)