Tenant Can't Vacate Settlement Agreement

December 1, 1998

LVT Number: 12856

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. The settlement agreement gave tenant sufficient time to remove the nuisance from the building's first floor common area, where tenant had stored boxes of refuse, clothes and other flammable items. Tenant had also been assisted by an attorney before signing the agreement.

Landlord sued to evict tenant for creating a nuisance. Landlord and tenant signed a settlement agreement in court. Tenant later asked the court to vacate the agreement. The court ruled against tenant, and tenant appealed. The appeals court also ruled against tenant. The settlement agreement gave tenant sufficient time to remove the nuisance from the building's first floor common area, where tenant had stored boxes of refuse, clothes and other flammable items. Tenant had also been assisted by an attorney before signing the agreement.

321 West 16th Street Assocs. v. Wiesner: NYLJ, p. 32, Gol. 4 (11/19/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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