Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Clermont York Associates LLC v. Zgodny

Supreme Court of New York, First Department

February 27, 2014

Clermont York Associates LLC, Petitioner-Landlord-Appellant,
v.
EJ Zgodny, Respondent-Tenant-Respondent.

Unpublished opinion

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated January 29, 2013, which granted tenant's motion to vacate a stipulation of settlement and consent final judgment in a nonpayment summary proceeding.

PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ

PER CURIAM.

Order (Jack Stoller, J.), dated January 29, 2013, affirmed, with $10 costs.

While a stipulation is essentially a contract and should not be lightly set aside, the court possesses the discretionary power to relieve parties from the consequences of a stipulation "if it appears that the stipulation was entered into inadvisedly or that it would be inequitable to hold the parties to it" (1420 Concourse Corp. v Cruz, 135 A.D.2d 371, 373 [1987], appeal dismissed 73 N.Y.2d 868 [1989]). Tenant, now represented by counsel, has submitted documentary evidence which shows the existence of an arguably meritorious rent overcharge claim. Under the circumstances, we sustain the court's discretionary determination to vacate the stipulation and defend the nonpayment proceeding on the merits (see e.g. Striver 140 LLC v Cruz, 1 Misc.3d 29 [2003]).


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.