Tenant Can't Vacate Settlement Agreement

April 30, 2000

LVT Number: 14073

Landlord sued to evict tenant. Landlord and tenant settled the case by signing a settlement agreement in court. Tenant agreed to move out in a year and pay a substantially reduced rent in the meantime. Tenant was represented by an attorney. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show any reason why the settlement agreement should be vacated. It wasn't enough that her circumstances had changed. The agreement was fair, and she was represented by an attorney.

Landlord sued to evict tenant. Landlord and tenant settled the case by signing a settlement agreement in court. Tenant agreed to move out in a year and pay a substantially reduced rent in the meantime. Tenant was represented by an attorney. Tenant later asked the court to vacate the agreement. The court ruled against tenant. Tenant appealed and lost. Tenant didn't show any reason why the settlement agreement should be vacated. It wasn't enough that her circumstances had changed. The agreement was fair, and she was represented by an attorney. Also, under the terms of the agreement, landlord was entitled to attorney's fees spent to enforce its terms.

Mayfair York LLC v. Moore: NYLJ, 4/11/00, p. 26, col. 2 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this