Tenant Can Vacate Stipulation

December 1, 1996

LVT Number: 11071

Landlord sued to evict tenant. Tenant, who wasn't represented by an attorney, signed a stipulation of settlement with landlord. Tenant later asked the court to vacate the stipulation. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The lower court's decision was proper since tenant gave up a rent overcharge award in the stipulation and agreed to an unlawful rent that was $250 more than the legal rent set forth in a DHCR order.

Landlord sued to evict tenant. Tenant, who wasn't represented by an attorney, signed a stipulation of settlement with landlord. Tenant later asked the court to vacate the stipulation. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The lower court's decision was proper since tenant gave up a rent overcharge award in the stipulation and agreed to an unlawful rent that was $250 more than the legal rent set forth in a DHCR order.

254 Seaman Assocs. v. Jaiman: NYLJ, p. 25, col. 2 (11/5/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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