Tenant Can't Vacate Settlement Agreement

January 1, 2006

LVT Number: 18571

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to move out of the apartment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. She appealed and lost. Tenant had no attorney, but the record showed she understood the terms of the agreement. Tenant received benefits for her agreement to move out. And tenant didn't show that there was any collusion or mistake that would provide good cause to vacate the settlement agreement.

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court, by which tenant agreed to move out of the apartment. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. She appealed and lost. Tenant had no attorney, but the record showed she understood the terms of the agreement. Tenant received benefits for her agreement to move out. And tenant didn't show that there was any collusion or mistake that would provide good cause to vacate the settlement agreement.

21 W. 58th St. Corp. v. Pilosi: NYLJ, 12/20/05, p. 24, col. 6 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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