Tenant Can't Vacate Settlement Agreement Signed by Guardian

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant was represented by a guardian in the court case. Landlord and tenant, by her guardian, signed a settlement agreement in court by which tenant agreed to pay over $6,000 in back rent. Tenant later didn't pay, and an eviction warrant was issued. Tenant then asked the court to vacate the agreement, the judgment, and the eviction warrant. The court ruled against tenant. Although there was no written consent form in the file, tenant's guardian was authorized to enter into the settlement agreement on tenant's behalf. Tenant was bound by the terms of the agreement. Tenant must pay the back rent immediately or face eviction.

245 E. 25th Realty Corp. v. Moss: Index No. 95303/97 (7/22/99) (Civ. Ct. NY; Hahn, J) [3-pg. doc.]