About this episode

This episode discusses the conditions under which a stipulation of settlement in Housing Court can be vacated if a tenant later regrets the agreement.

Music Attribution : Minerals Music licensed through Soundstripe. Via RiversideFM. Code: EAKRZYQUPKUC4NLV Wonderment Music licensed through Soundstripe. Via RiversideFM. Code: TBVTWPZGFS36SCN6 Description : Can you vacate a stipulation of settlement that you entered into in Housing Court if you later regret making the deal? A court can undo/vacate a stipulation of settlement: • to promote justice and prevent wrong. Foote v. Adams , 232 AD 60 [2d Dept 1931] • when the stipulation of settlement is unjust or harsh, even when fully understood and authorized. Bond v Bond , 260 AD 781, 782 [1940]. • if a stipulation rested on an assumption, which was subsequently proven false. Horodeckyi v Horodniak , 9 AD2d 732 [1st Dept 1959]. • if a stipulation runs contrary to public policy, it may also be vacated. In Re Willie L.C., 65 AD3d 683 [2d Dept 2009]. • in the Rent Stabilization context, where a tenant makes a decision to give up a forever home for not a lot of benefit. 45-48 47th St. Corp. v Murphy , 45 Misc.3d 23 [Appellate Term 2d Dept 2014]. • in the Rent Stabilized context, where a tenant agrees to something that violated Rent Stabilization, such as the tenant agreeing to pay an…

People in this episode

Host: Tenant Law Podcast

Topics covered

• vacating stipulation of settlement

Mentioned in this episode

Organizations: Samson Management, LLC, Clarke v. Haliman, New York State Unified Court System, NYC Office of Civil Justice

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