TENANT DIDN’T SHOW A LEGAL BASIS TO VOID THE AGREEMENT
When I.T. sought to vacate a stipulation of settlement that had been entered in a nonpayment proceeding, the New York County Civil Court ended up denying that request.
On its review, the Appellate Term, First Department, noted that I.T. failed to show that the undlerying agreement was “was tainted by mistake, fraud or any other basis for voiding a contract … or that it would be inequitable or unfair to hold the parties to their bargain.”
Since she was unable to support her argument that she had agreed to pay the incorrect rent amount, and particularly since the record established that the landlord accepted the tenant’s calculation of the amount due, the AT1 left the outcome undisturbed.
Bet she wished she could vacate that.
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DECISION