Metroeb Rlty Corp. v Fuller

[*1] Metroeb Rlty Corp. v Fuller 2012 NY Slip Op 51852(U) Decided on September 19, 2012 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 19, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and SOLOMON, JJ
2011-2074 K C.

Metroeb Rlty Corp. & Realty Mgmt. Co., Respondents,

against

Troy Fuller, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.; op 32 Misc 3d 941), entered July 12, 2011. The order denied tenant's motion to vacate a stipulation and, in effect, a final judgment entered pursuant thereto, and to stay the proceeding pending the determination of tenant's Loft Board coverage application.

ORDERED that the order is affirmed, without costs.

In this nonpayment proceeding, the petition alleges that tenant defaulted in paying the monthly rent of $4,680 for the nine months of October 2008 through June 2009. In August 2009, the parties stipulated that landlord would be awarded a final judgment for possession and the sum of $32,500, the monthly rent was reduced to $4,000, and tenant was given a payment schedule. After tenant defaulted in making the agreed-upon payments, the parties executed a second stipulation, on March 11, 2010, in which they agreed that the proceeding would be converted to a holdover proceeding; that landlord would waive rent arrears; and that landlord would be awarded a final judgment, with execution of the warrant stayed to June 30, 2011 on the condition that [*2]tenant timely pay use and occupancy. In May 2011, tenant moved to vacate the March 11, 2010 stipulation and, in effect, the holdover final judgment, and to stay the proceeding pending the determination of a coverage application tenant had made to the Loft Board. In support of the motion, tenant claimed that he should be protected under the amendments to the Loft Law which had gone into effect on June 21, 2010 (L 2010, ch 135, § 1; L 2010, ch 147, § 1). The Civil Court denied tenant's motion, and we affirm.

As this proceeding was not based on a claim that tenant was occupying the premises illegally but rather on tenant's defaults in paying rent, the broad remedial purposes of the amendments to the Loft Law would not be furthered by upsetting landlord's vested rights in the previously obtained final judgment (compare Lipkis v Pikus, 103 AD2d 682 [1984], affd 64 NY2d 830 [1985], with Gordon & Gordon v Madavin, Ltd., 108 Misc 2d 349 [App Term, 1st Dept 1981], affd 85 AD2d 937 [1981]). Accordingly, the order is affirmed.

Weston, J.P., Rios and Solomon, JJ., concur.
Decision Date: September 19, 2012