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Why is getting a stipulation vacated so impossible?

NYC Housing Court Practice/Procedures

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Why is getting a stipulation vacated so impossible?

Postby JingoFresh » Wed Oct 29, 2014 1:54 am

So my lawyer did not include terms I requested/demanded be included in a stipulation made on my behalf after indicating they would be nor fully inform me of several terms in the stipulation.

Yet, no lawyer I talk to, even the most expensive and highly rated thinks they will be able to get it vacated, despite this.

I didn't sign it, I didn't read it, yet it was agreed on my behalf. I gave the go ahead being under the impression my terms were being included, and now I am beholden to it's terms.

What nonsense is this, really?
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Re: Why is getting a stipulation vacated so impossible?

Postby TenantNet » Wed Oct 29, 2014 4:38 am

Yes, it's no good. (should this not be a continuation of your other thread - not everybody has read your other posts?)

In general, if a tenant is represented by consel, it would take heaven to vacate a stip. If, OTOH, you were pro se, I've always heard the courts are more lenient in the matter.

One thing to consider - didn't I mention this before? - is to look at making a motion of inadequate counsel, or something like that if your attorney explicitly ignored your instructions. I'm unfamiliar with the rules on that, but it might do something.
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Re: Why is getting a stipulation vacated so impossible?

Postby innocent1997 » Fri Oct 31, 2014 2:09 pm

From my personal experience, I purchased the credit monitoring service right after my case settled. I wanted to make sure nothing bad came on my credit record for any reason because of the stipulation. This maybe worthwhile for some people who just settled the case.
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