Thomas v Brown

[*1] Thomas v Brown 2015 NY Slip Op 51907(U) Decided on December 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 28, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe III, P.J., Shulman, Ling-Cohan, JJ.
570520/15

Monica Thomas, Petitioner-Landlord-Appellant,

against

Merlene V. Brown, Respondent-Tenant-Respondent.

Landlord appeals from an order of the Civil Court of the City of New York, Bronx County (John H. Stanley, J.), dated March 14, 2014, which denied her motion for summary judgment in a holdover summary proceeding.

Per Curiam.

Order (John H. Stanley, J.), dated March 14, 2014, reversed, with $10 costs, landlord's motion granted to the extent of awarding her a money judgment in the principal sum of $6,000.

In light of tenant's undisputed failure to timely vacate the apartment premises by February 28, 2014, in violation of the clear mandate of the parties' January 10, 2014 so-ordered stipulation, the court should have awarded landlord a money judgment consistent with the stipulation's terms. Strict enforcement of stipulations of settlement serves the interest of efficient dispute resolution, and is essential to the management of court calendars and the integrity of the litigation process (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Hotel Cameron, Inc. v Purcell, 35 AD3d 153, 155 [2006]).

Nor was there any showing that the stipulation offends public policy. While it appears that the one-family house at issue contained an illegal basement apartment, there was no proof that the house constituted a multiple dwelling - defined as a building occupied or intended to be occupied as the residence of three or more families living independently of each other (see Multiple Dwelling Law § 4[7]). Thus, the rent forfeiture provisions of the Multiple Dwelling Law (see Multiple Dwelling Law § 302 [1][b]; § 325 [2]), are inapplicable here (see Pickering v Chappe, 29 Misc 3d 6 [App Term, 2nd Dept 2010]; Madden v Juillet, 46 Misc 3d 146[A], 2015 NY Slip Op 50214[U] [App Term, 9th and 10th Jud. Dists. 2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concurI concur

Decision Date: December 28, 2015