40 Park Ave., LLC v De Rosa

[*1] 40 Park Ave., LLC v De Rosa 2007 NY Slip Op 51105(U) [15 Misc 3d 143(A)] Decided on May 31, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS JJ
570084/07.

40 Park Avenue, LLC, Petitioner-Landlord-Respondent, - -

against

Michael De Rosa, Respondent-Tenant-Appellant.

Tenant, as limited by his brief, appeals from so much of an order of the Civil Court of the City of New York, New York County (Karen Lin, J.), dated November 14, 2006, as denied his motion to set aside a stipulation settling a holdover summary proceeding.

PER CURIAM:
Order (Karen Lin, J.), dated November 14, 2006, affirmed, with $10 costs.

Civil Court properly denied tenant's motion to vacate the "so-ordered" stipulation settling the underlying holdover summary proceeding. There was no showing of "good cause" to set aside the stipulation (see Hallock v. State of New York, 64 NY2d 224 [1984]). The record demonstrates that the pro se tenant understood the terms of the stipulation and received ample consideration for his agreement to vacate the unregulated premises.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 31, 2007