Tenant Can Vacate Stipulation

August 31, 1995

LVT Number: 9969

Landlord sued to evict tenant. Tenant, who had no attorney, asked the court for an adjournment. The court refused, and tenant entered into a stipulation of settlement with landlord. Under the stipulation, tenant agreed to move out, eviction was delayed for four months, and tenant wouldn't have to pay any rent until then. Tenant later returned and asked the court to vacate the stipulation. The court ruled for tenant on this issue. Tenant didn't speak English and had appeared distraught when the court originally denied her request for adjournment.

Landlord sued to evict tenant. Tenant, who had no attorney, asked the court for an adjournment. The court refused, and tenant entered into a stipulation of settlement with landlord. Under the stipulation, tenant agreed to move out, eviction was delayed for four months, and tenant wouldn't have to pay any rent until then. Tenant later returned and asked the court to vacate the stipulation. The court ruled for tenant on this issue. Tenant didn't speak English and had appeared distraught when the court originally denied her request for adjournment. Tenant also now had an attorney, who claimed the eviction was retaliatory. The court reopened the case.

DeJesus v. Santana: NYLJ, p. 23, col. 6 (8/16/95) (Civ. Ct. Kings; Kramer, J)

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