Tenant Can Vacate Stipulation

November 1, 1996

LVT Number: 11006

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated to a judgment in landlord's favor. Tenant later asked the court to vacate the stipulation. The court ruled against tenant, and tenant appealed. The appeals court reversed and reopened the case. Tenant didn't speak English and wasn't represented by an attorney in lower court. Tenant might have defenses to the nonpayment petition, including breach of the warranty of habitability and a rent overcharge. So it was proper to send the case back for trial.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated to a judgment in landlord's favor. Tenant later asked the court to vacate the stipulation. The court ruled against tenant, and tenant appealed. The appeals court reversed and reopened the case. Tenant didn't speak English and wasn't represented by an attorney in lower court. Tenant might have defenses to the nonpayment petition, including breach of the warranty of habitability and a rent overcharge. So it was proper to send the case back for trial.

221 Sherman Assocs. v. Fulgencio: NYLJ, p. 26, col. 1 (10/29/96) (App. T. 1st Dept.; Parness, JP, Freedman, Davis, JJ)

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