Tenant Must Vacate Apartment

September 11, 2012

LVT Number: #24315

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At tenant’s request, landlord and tenant signed a settlement agreement by which tenant agreed to move out in February 2011. Tenant later asked the court to vacate the settlement agreement and claimed that landlord’s seven-day termination notice was defective. The court ruled against tenant, who appealed and lost. Tenant presented no basis to invalidate the settlement agreement, and waived his defense concerning the termination notice by signing the settlement agreement.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At tenant’s request, landlord and tenant signed a settlement agreement by which tenant agreed to move out in February 2011. Tenant later asked the court to vacate the settlement agreement and claimed that landlord’s seven-day termination notice was defective. The court ruled against tenant, who appealed and lost. Tenant presented no basis to invalidate the settlement agreement, and waived his defense concerning the termination notice by signing the settlement agreement.


Geraci v. Jankowitz: NYLJ, 8/23/12, p. 26, col. 2 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)

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