Legal Question in Landlord & Tenant Law in New York
Background Information
My landlord failed to show up to court for a non-payment case. His attorney was at the court, however, and indicted to me that an adjournment must be made since his client did not show up. Without having a legal background, I just thought that an adjournment is required and that I need to abide by this �procedure�. He and a court clerk completed a form, which I later realized was Stipulation of Settlement, and demanded that I signed. So, I signed. Also, I noticed that the petitioner�s attorney marked �Appearance� for the landlord, but this is not a correct representation since he was not present.
Questions
� Did I have an option of disagreeing to the adjournment? What would have happened to the case if I had disagreed?
� Could the case have been dismissed had I not agreed to the adjournment?
What recourse, if any, that I can take at this point
1 Answer from Attorneys
Q. Did I have an option of disagreeing to the adjournment?
A. Yes.
Q. What would have happened to the case if I had disagreed?
A. If it was the first time on, the Court would probably have adjourned the hearing.
Q. Could the case have been dismissed had I not agreed to the adjournment?
A. For non-appearance by the landlord? No. The attorney has the right to appear on behalf of the landlord.
Q. What recourse, if any, that I can take at this point
A. File an Order to Show Cause to vacate the stipulation of settlement since you did not understand what you were signing.
Mike.
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