Tenant Can't Vacate Settlement Agreement

Landlord sued to evict rent-stabilized tenant for nonpayment of three months' rent. Landlord learned that tenant had died only when her son appeared in court and claimed that he had succession rights to the apartment. The son had forged tenant's signature on tenant's last renewal lease. The son previously had been a tenant himself in the next-door apartment, but landlord had evicted him for operating a commercial contracting business in that apartment in violation of his lease. At that point, landlord also discovered that tenant's son had illegally combined the two apartments by cutting through a wall between them. Landlord sealed the wall when it evicted the son from the next-door apartment. But the son lived in tenant's apartment and broke through the wall again. He also then stole items from his former apartment.

Landlord and tenant's son settled the nonpayment case. The son agreed to move out in four months. The son also agreed to pay the rent owed and restitution for property damage. Landlord in turn agreed not to press criminal charges against tenant's son. Tenant later asked the court to vacate the settlement agreement.

The court ruled against tenant's son. Tenant's son was represented by a prior attorney at the time the settlement was reached. Tenant's son claimed that the attorney had signed the agreement without his knowledge. But the attorney was authorized to represent the son. And the son had made payments agreed to in the settlement. The settlement agreement also generously permitted tenant's son to remain in the apartment for four months and avoid criminal prosecution. There were no grounds to vacate the settlement agreement.

1541 Williamsbridge Realty, LLC v. Ramsay: 45 Misc.3d 1224(A), 2014 NY Slip Op 51707(U) (Civ. Ct. Bronx; 12/3/14; Vargas, J)