Tenant Waited Too Long to Vacate Money Judgment
LVT Number: #25712
Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants signed a settlement agreement in court, which included a payment schedule. After tenants failed to meet the payments, a money judgment was entered for $4,845 and tenants were evicted in 1998. In 2012, the court granted a request by one of the tenants to vacate the money judgment against him along with any liens and income executions that landlord had obtained. Tenant argued that he hadn't signed the settlement agreement, that the other tenant also was liable, that he was no longer working, and that landlord already had garnished his salary by $4,906. The balance due to landlord, including interest, was $8,390. The court ordered landlord to refund payments to tenant. Landlord appealed and won. Tenant waited 14 years to ask the court to vacate the judgment and made numerous payments in the meantime. This showed a willingness to accept the terms of the judgment.
130 Clarkson Realty LLC v. Callender: NYLJ, 7/2/14, p. 32, col. 2 (App. T. 2 Dept.; Pesce, PJ, Solomon, Elliot, JJ)