Legal Question in Landlord & Tenant Law in New York

Can a signed Stipulation be Change?

I have a small dog, and my landlord

don't want pets. I decide to live, but I

had some problems with my credict

history and can find a place. I had

signed the stipulation stating that I

will move by the end of Nov. I will

like to know if I could open the case

again and stay at the premises. Since

another tenant that also has the same

type of dog has me won the case.

Thanks..


Asked on 11/11/06, 2:20 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Can a signed Stipulation be Change?

VERY IMPOTANT: How long have you had the dog and how long has the landlord or the supt. or another employee known you've had the dog?

Yes, you may be able to "re-open" the stip. Pls contact me via E-mal for more info.

[email protected]

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Answered on 11/12/06, 12:21 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can a signed Stipulation be Change?

Gnerally a 'signed stipulation' can only be amended. What I mean by that is: you can go back to the judge to ask for more time to leave, but can only ask that the 'stipulation' be changed or set aside if there was fraud by the landlord that caused you to sign the stipulation.

1. It may make a difference if the 'stipulation' was agreed to as a part of the settlement of a case. Then, if it was made without the judge (you did not appear before the judge), then you have a better chance of winning a 'set aside' of the stipulation.

2. But, generally, judges in housing court like to uphold stipulated settlement agreements and won't interfere in an agreement without fraud. (You just not knowing the law is not enough to crteate fraud. Even the Landlord mis-informing you about the law may not be good enough to win, unless it was the LAWYER of the landlord who lied to you. The LAWYER lying to you would be enough for fraud. But the fact that you were lied to must be in the actual witten stipulation of settlement. It must say what the law is and be wrong. This is a lot to ask for.)

Be careful not to spend a lot of money on this one. Looking for up to 90 days more to leave may be the best strategy.

You are welcome to a consulation. Email is best to make an appointment.

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Answered on 11/13/06, 12:27 pm


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