Skeete v Bah

[*1] Skeete v Bah 2015 NY Slip Op 51866(U) Decided on December 22, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Ling-Cohan, JJ.
570903/15

Stanley Skeete, Petitioner-Respondent,

against

Rafael Bah, Respondent-Appellant.

Respondent Rafael Bah appeals from an order of the Civil Court of the City of New York, New York County (Phyllis K. Saxe, J.), dated September 9, 2015, which denied his motion to vacate a stipulation of settlement and consent final judgment in a holdover summary proceeding.

Per Curiam.

Order (Phyllis K. Saxe, J.), dated September 9, 2015, affirmed, without costs, for the reasons stated by Phyllis K. Saxe, J. at Civil Court.

Civil Court properly denied respondent Bah's motion to vacate the so-ordered stipulation settling the underlying holdover proceeding, since he failed to demonstrate legal cause for such relief, i.e., fraud, collusion, mistake or accident (see Hallock v. State of New York, 64 NY2d 224, 230 [1984]); see also Hotel Cameron, Inc. v Purcell, 35 AD3d 153, 156 [2006]). The record demonstrates that while respondent appeared pro se, he understood the terms of the stipulation and received ample consideration for his agreement to vacate the premises that he briefly occupied as the roommate of petitioner, the tenant of record. Respondent's generalized and unsubstantiated contentions of, inter alia, intimidation and discrimination are insufficient to invalidate the agreement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur

Decision Date: December 22, 2015