Tenant Can Vacate Stipulation

LVT Number: 8452

Landlord sued to evict tenant for nonpayment of rent. Tenant's wife signed a stipulation in court acknowledging back rent owed. Tenant's wife later asked the court to vacate the stipulation, claiming that landlord's petition was defective. Landlord argued that tenant's wife had waived any right to challenge landlord's petition because she'd signed the stipulation agreeing to pay all back rent. The court ruled for tenant. Tenant's wife was clearly a co-tenant to tenant's lease. But landlord didn't name her as a party in its petition; he only named tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant's wife signed a stipulation in court acknowledging back rent owed. Tenant's wife later asked the court to vacate the stipulation, claiming that landlord's petition was defective. Landlord argued that tenant's wife had waived any right to challenge landlord's petition because she'd signed the stipulation agreeing to pay all back rent. The court ruled for tenant. Tenant's wife was clearly a co-tenant to tenant's lease. But landlord didn't name her as a party in its petition; he only named tenant. And she didn't sign the stipulation as tenant's representative. So, both the stipulation and the petition were invalid. Landlord's petition was dismissed.

Sohn v. Kong: NYLJ, p. 25, col. 2 (12/22/93) (Civ. Ct. Bronx; Fiorella, J)