February 27, 2014
Clermont York Associates LLC, Petitioner-Landlord-Appellant,
EJ Zgodny, Respondent-Tenant-Respondent.
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
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 , appeal dismissed 73 N.Y.2d 868 ). 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 ).