Southbridge Towers, Inc. v To

[*1] Southbridge Towers, Inc. v To 2008 NY Slip Op 51583(U) [20 Misc 3d 140(A)] Decided on July 22, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570401/07.

Southbridge Towers, Inc., Petitioner-Landlord-Respondent,

against

Jarmena To,

Tenant appeals from an order of the Civil Court

of the City of New York, New York County (Jean T. Schneider, J.), entered June 29, 2007, which denied her motion to vacate a stipulation settling a holdover summary proceeding.
PER CURIAM.

Order (Jean T. Schneider, J.), entered June 29, 2007, affirmed, without costs.

"Stipulations in settlement of disputes are
judicially favored and not lightly cast aside" (Board of Managers of the Atrium Condominium v West 79th St. Corp., 19 AD3d 241 [2005]), and tenant herein failed to proffer any basis for voiding the "so—ordered" stipulation settling the underlying eviction claim. As the motion court properly recognized, tenant's deceptive conduct, including her failure to identify the other occupant of the Mitchell-Lama apartment, or list that person's income, on her annual income affidavits constituted fraud and/or illegality that was not curable (see Matter of Waterside Redevelopment Co. v Department of Hous. Preserv. & Dev., 270 AD2d 87, 88 [2000],
lv denied 95 NY2d 765 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 22, 2008