Tenant Can't Vacate Eviction Warrant

(Decision submitted by Jennifer Durynski of the Manhattan law firm of Kucker & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear on several court dates. Each time he asked the court to vacate a default judgment against him and the court ruled in his favor. Tenant then signed a settlement agreement with landlord in court. Tenant agreed to move out by a certain date and landlord agreed to waive back rent owed. Tenant later asked the court to vacate the settlement agreement and resulting eviction warrant. The court ruled against tenant. DSS then asked to intervene in the case and to have a guardian appointed to represent tenant in the case. The court ruled against DSS. Tenant had asked the court a number of times to vacate defaults and had entered into a settlement agreement by himself. At these times he appeared to understand his rights and was able to defend himself. Tenant wasn't entitled to a guardian and couldn't vacate the eviction warrant.

East Midtown Plaza Housing Co., Inc. v. Moses: Index No. L&T 61626/02 (11/27/02) (Civ. Ct. NY; McClanahan, J) [5-pg. doc.]