Tenant Can't Vacate Settlement Agreement

April 1, 2005

LVT Number: 18008

(Decision submitted by David Berger of the Brooklyn law firm of Tenenbaum & Berger, LLP, attorneys for the landlord.) Landlord sued to evict tenant from an illegal three-family house. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed, claiming that since the house wasn't registered as a multiple dwelling, landlord was barred from evicting him. The appeals court ruled against tenant.

(Decision submitted by David Berger of the Brooklyn law firm of Tenenbaum & Berger, LLP, attorneys for the landlord.) Landlord sued to evict tenant from an illegal three-family house. Landlord and tenant signed a settlement agreement in court. Tenant agreed to move out. Tenant later asked the court to vacate the settlement agreement. The court ruled against tenant. Tenant appealed, claiming that since the house wasn't registered as a multiple dwelling, landlord was barred from evicting him. The appeals court ruled against tenant. Tenant waived this requirement, and didn't show that the settlement was invalid by reason of fraud, collusion, mistake, or accident.

Meanders v. Jones, 2005 NY Slip Op 01202 (App. Div. 2 Dept. 2/14/05; Prudenti, PJ, Cozier, Ritter, Spolzino, JJ) [2-pg. doc.]

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