Tenant Can't Vacate Warrant

February 1, 2006

LVT Number: 18638

Tenant sued landlord and asked the court to set aside an eviction warrant. The court ruled against tenant. She appealed and lost. In a prior case, landlord had sued to evict tenant for breach of her lease. Landlord and tenant had signed a settlement agreement in court. Tenant agreed to move out as part of the settlement. She never asked the housing court to set aside the settlement agreement. Although tenant now claimed that she had signed the settlement agreement under duress, she didn't prove that she was in any way threatened.

Tenant sued landlord and asked the court to set aside an eviction warrant. The court ruled against tenant. She appealed and lost. In a prior case, landlord had sued to evict tenant for breach of her lease. Landlord and tenant had signed a settlement agreement in court. Tenant agreed to move out as part of the settlement. She never asked the housing court to set aside the settlement agreement. Although tenant now claimed that she had signed the settlement agreement under duress, she didn't prove that she was in any way threatened.

Tormos v. Roinestad: NYLJ, 1/3/06, p. 36, col. 3 (App. T. 2 Dept.; Golia, JP, Rios, Belen, JJ)

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