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When Is a Settlement Not a Settlement?
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
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