Summary
This Appellate Division decision addresses an appeal by estate administrators seeking to enforce a written settlement agreement that required the plaintiff to vacate a rental apartment within 30 days of receiving a $10,000 payment. The Supreme Court had previously denied the motion to enforce the agreement and issue a warrant of eviction. The appellate court reversed, holding that the settlement complied with CPLR 2104 requirements and was not invalidated by fraud or mistake, thereby granting the motion for a judgment of possession and eviction warrant.
Topics
Practice areas
Questions Presented
- Whether a settlement agreement that complies with CPLR 2104 is binding and enforceable absent a showing of fraud, duress, overreaching, or mistake
- Whether the Supreme Court, Kings County erred in denying the administrators' motion to enforce the settlement agreement and to issue a judgment of possession and a warrant of eviction
Holdings
- A settlement agreement that satisfies the writing and subscription requirements of CPLR 2104 is binding and enforceable absent a showing of grounds sufficient to invalidate the contract.
- The appellate division reversed the trial court’s denial and granted the administrators’ motion, remanding for issuance of a judgment of possession and a warrant of eviction.
Key quotations
“Pursuant to CPLR 2104, a settlement agreement is binding upon a party if it is in a writing subscribed either by the party or by his or her attorney.” (at 2025 NY Slip Op 05068)
“Since there was no showing of a basis on which to invalidate the settlement agreement, the Supreme Court should have granted the administrators' motion to enforce the settlement agreement and, in effect, for the issuance of a judgment of possession and a warrant of eviction.” (at 2025 NY Slip Op 05068)
Factual background
The plaintiff's child was injured by lead‑based paint in an apartment owned by the defendants. The parties executed a written settlement on November 2, 2022, providing $10,000 to the plaintiff and requiring him to vacate the apartment within 30 days. The plaintiff received the payment on November 10, 2022, but did not vacate. The administrators moved to enforce the settlement and obtain a judgment of possession and a warrant of eviction; the motion was denied by the trial court.
Procedural history
The plaintiff sued the defendants for personal injuries caused by lead‑based paint. The parties entered a written settlement agreement under CPLR 2104 requiring the plaintiff to vacate the apartment within 30 days of receiving a $10,000 payment. The plaintiff failed to vacate; the administrators moved to enforce the agreement and obtain a judgment of possession and eviction warrant. The Supreme Court, Kings County denied the motion. The administrators appealed.
Remand instructions
Matter is remitted to the Supreme Court, Kings County, for the issuance of a judgment of possession and a warrant of eviction.