Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

503632/2023

Slip Opinion Number

30243(U)

Petitioner

Gavin Payne

Respondent

Signature Management Associate Inc., 315 Fenimore LLC 1975 Equities LLC, Melody Wilhelm and David Viksman

Judge

Sweeney, Peter P.

Decision/Order Date

2024-01-09

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Tenant, a residential superintendent, was terminated and then evicted by landlord. Tenant brought this action alleging a violation of the labor law and seeking reinstatement, back wages, compensatory damages, and liquidated damages. Landlord brought a motion to dismiss the tenant’s action and to enforce a purported settlement agreement. The court denied landlord’s motion to dismiss and to enforce the settlement agreement, finding that the parties had not agreed to all of the material terms of the settlement. The court granted tenant’s motion to stay the eviction proceeding pending a resolution of this action, conditioned on tenant paying use and occupancy. KEY LEGAL POINTS: 1) A settlement agreement must be in writing and subscribed by the parties to be enforceable. 2) Email correspondence may satisfy the writing requirement of CPLR 2104, but only if it contains all of the material terms of the settlement. 3) A stay of a summary proceeding may be granted where an issue essential to the resolution of the summary proceeding is pending in another forum.

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