Clermont York Assoc. LLC v Zgodny

[*1] Clermont York Assoc. LLC v Zgodny 2014 NY Slip Op 50257(U) Decided on February 27, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 27, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
13-463.

Clermont York Associates LLC, Petitioner-Landlord-Appellant,

against

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.

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 AD2d 371, 373 [1987], appeal dismissed 73 NY2d 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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 27, 2014