Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

When Is a Settlement Not a Settlement?

By Darryl M. Vernon
November 29, 2006

In April 2006, setting off in a new direction, the Appellate Division held that settlement agreements that favor a tenant can be unenforceable. Drucker v. Mauro 814 NYS 2d 43 (1st Dept. 2006). There was a two-justice dissent, but the appeal to the Court of Appeals was recently dismissed due to non-finality. Thus, Drucker needs to be looked at to gauge when a settlement is indeed a settlement in landlord-tenant disputes.

The Case

In Drucker, landlord sought a declaration from the Division of Housing and Community Renewal (DHCR) that the Drucker apartment was not rent-stabilized. While the DHCR case was pending, the parties negotiated an out-of-court settlement that raised tenants' rent, but guaranteed lease renewals in perpetuity at rates tracking rent stabilization guideline increases. Shortly after the settlement agreement, the DHCR ruled that the apartment was rent-stabilized. The parties went on without incident for about 7 years until the landlord sought to deregulate the apartment, this time based on luxury deregulation, as the rent had reached $2000 per month.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Fresh Filings Image

Notable recent court filings in entertainment law.