Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Sunday, October 4, 2009
LANDLORD/TENANT MATTERS IN NASSAU COUNTY
A word of caution regarding stipulations. In Housing Court, it can be a mad rush of many matters to be heard that day: the lawyers are in a rush, the landlords, the tenants, the court, the clerks. In most cases, the matter is settled through a stipulation. But make sure it is written up carefully and that you, either the landlord or the tenant, and their counsel, make the terms clear to everyone. The courts have held that a stipulation is a contract and that the law favors stipulations. Unless a stipulation is invalid due to fraud, collusion, mistake, accident, duress, or unconscionability, or is contrary to public policy or ambiguity suggesting the words did not represent the agreement, parties will not be relieved from the consequences.
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