Tenant Can't Vacate Stipulation

November 1, 1993

LVT Number: 8292

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant entered into a stipulation of settlement. The stipulation delayed execution of an eviction warrant, and ordered tenant to get rent payment money from the Department of Social services within 30 days. Tenant later asked the court to vacate the stipulation, arguing that she'd agreed to the stipulation because she was mistaken as to the correct rent for the apartment. The court refused to vacate the stipulation. The rent charted to tenant was actually less than landlord was entitled to collect.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant entered into a stipulation of settlement. The stipulation delayed execution of an eviction warrant, and ordered tenant to get rent payment money from the Department of Social services within 30 days. Tenant later asked the court to vacate the stipulation, arguing that she'd agreed to the stipulation because she was mistaken as to the correct rent for the apartment. The court refused to vacate the stipulation. The rent charted to tenant was actually less than landlord was entitled to collect. Also, there was no overreaching, harsh terms or fraud in the stipulation.

Ballantine v. Doty: NYLJ, p. 24, col. 6 (10/13/93) (Civ. Ct. Kings; Gould, J)

Topics

More like this