Tenant Can't Vacate Settlement Agreement

April 30, 2000

LVT Number: 14069

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which landlord waived a portion of the back rent and tenant agreed to pay the balance due by a certain date. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the settlement agreement, claiming that she was intimidated by landlord's attorney and that she didn't understand the terms of the agreement. The court ruled against tenant. Tenant appealed and lost. The lower court judge supervised the extensive settlement negotiations between landlord and tenant.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which landlord waived a portion of the back rent and tenant agreed to pay the balance due by a certain date. Tenant wasn't represented by an attorney. Tenant later asked the court to vacate the settlement agreement, claiming that she was intimidated by landlord's attorney and that she didn't understand the terms of the agreement. The court ruled against tenant. Tenant appealed and lost. The lower court judge supervised the extensive settlement negotiations between landlord and tenant. Tenant didn't show that there was any fraud, collusion, mistake, or misrepresentation that would warrant vacating the settlement agreement.

T.S. Hotel L.P. v. Backuswalcott: NYLJ, 4/26/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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