Banana Kelly Union HDFC v Chambers

[*1] Banana Kelly Union HDFC v Chambers 2016 NY Slip Op 50812(U) Decided on May 25, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 25, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Hunter, Jr., Ling-Cohan, JJ.
571176/15

Banana Kelly Union HDFC, Petitioner-Landlord-Respondent,

against

Christina Chambers, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, Bronx County (Laurie Marin, J.), dated August 28, 2015, which granted landlord's motion to vacate a stipulation discontinuing a nonpayment summary proceeding.

Per Curiam.

Order (Laurie Marin, J.), dated August 28, 2015, reversed, without costs, motion denied and stipulation reinstated.

Stipulations are favored by the courts and will be set aside only upon a showing of good cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). Here, landlord failed to make a sufficient evidentiary showing that the stipulation discontinuing the underlying nonpayment proceeding was based on mistake (see Matthews v Castro, 35 AD3d 403 [2006]; El v Schertz, 33 AD3d 585 [2006]). Nor did landlord adequately explain the eleven-month delay in seeking vacatur relief (see Charlop v A.O. Smith Water Prods., 64 AD3d 486 [2009]; Matter of Bouloy v Peters, 262 AD2d 209 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: May 25, 2016