Tenant Can't Vacate Settlement Agreement

May 31, 2004

LVT Number: 17363

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant breached the agreement, and landlord brought the case back to court. Landlord and tenant then signed a second settlement agreement. Tenant again didn't make payments under the terms of the agreement. Landlord then sought tenant's eviction. Tenant asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. The settlement agreement was made in court. There was no showing of fraud or mistake.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court. Tenant breached the agreement, and landlord brought the case back to court. Landlord and tenant then signed a second settlement agreement. Tenant again didn't make payments under the terms of the agreement. Landlord then sought tenant's eviction. Tenant asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed and lost. The settlement agreement was made in court. There was no showing of fraud or mistake. Tenant showed no reason why the settlement agreement should be vacated.

St. James Towers, Inc. v. Coleman: NYLJ, 5/19/04, p. 26, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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