Tenant Who Didn't Renew Lease Can Vacate Stipulation to Move Out
LVT Number: #25766
Landlord sued to evict rent-stabilized tenant for failure to sign a renewal lease. Landlord and tenant signed a settlement agreement in court by which tenant agreed to move out by June 30, 2012. In return, landlord waived four months' rent. Landlord and tenant later signed a second stipulation, giving tenant more time to move provided tenant paid all accrued use and occupancy. Tenant later asked the court to vacate the agreement. She now claimed that landlord hadn't offered her a proper renewal lease and she had signed the settlement agreement under duress.
45-48 47th Street Corp. v. Murphy: Index No. 2228/2012, NYLJ No. 1202665828438 (App. T. 2 Dept.; 8/5/14; Pesce, PJ, Solomon, Weston [dissenting], JJ)