Tenant Can't Vacate Stipulation

February 1, 1995

LVT Number: 9444

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a stipulation in which tenant promised to pay some of the back rent owed. Tenant later asked the court to vacate the stipulation. Tenant claimed the stipulation was defective because it contained a clause requiring him to withdraw, with prejudice, his pending DHCR overcharge complaint. The court refused to vacate the stipulation, and tenant appealed. Tenant loses. The unenforceable clause had already been taken out of the agreement. And there was no other reason to vacate the stipulation.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a stipulation in which tenant promised to pay some of the back rent owed. Tenant later asked the court to vacate the stipulation. Tenant claimed the stipulation was defective because it contained a clause requiring him to withdraw, with prejudice, his pending DHCR overcharge complaint. The court refused to vacate the stipulation, and tenant appealed. Tenant loses. The unenforceable clause had already been taken out of the agreement. And there was no other reason to vacate the stipulation.

606 Operating Corp. v. Dunn: NYLJ, p. 25, col. 2 (1/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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