Supreme Court of the State of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
Signature Management Associate Inc., 315 Fenimore LLC 1975 Equities LLC, Melody Wilhelm and David Viksman
Sweeney, Peter P.
Post-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
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 tenantâ€™s action and to enforce a purported settlement agreement. The court denied landlordâ€™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 tenantâ€™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.
"Payne v. Signature Mgt. Assoc. Inc." (2024). All Decisions. 1305.