Tenant Can't Vacate Judgment

May 31, 1994

LVT Number: 8831

Landlord sued to evict tenant. Tenant had signed a stipulation awarding judgment of possession to landlord. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed the judgment itself and the court's denial of his motion to vacate the judgment. The appeals court ruled against tenant. A judgment entered pursuant to a stipulation is considered to be on consent and isn't appealable. And the court had properly denied tenant's motion to vacate the judgment.

Landlord sued to evict tenant. Tenant had signed a stipulation awarding judgment of possession to landlord. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed the judgment itself and the court's denial of his motion to vacate the judgment. The appeals court ruled against tenant. A judgment entered pursuant to a stipulation is considered to be on consent and isn't appealable. And the court had properly denied tenant's motion to vacate the judgment. There was no showing of collusion, fraud, or mistake that would have been good cause to vacate the judgment.

Roberson v. Morris: NYLJ, p. 23, col. 3 (5/18/94) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Patterson, JJ)

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