RR Reo II, LLC v Miah

[*1] RR Reo II, LLC v Miah 2010 NY Slip Op 51272(U) [28 Misc 3d 131(A)] Decided on July 19, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected in part through August 13, 2010; it will not be published in the printed Official Reports.

Decided on July 19, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ
570128/10.

RR REO II, LLC, Petitioner-Landlord-

against

Muhammed Miah III, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Bruce E. Scheckowitz, J.), dated February 5, 2010, which denied his motion, inter alia, to vacate a stipulation of settlement in a nonpayment summary proceeding.

Per Curiam.

Order (Bruce E. Scheckowitz, J.), dated February 5, 2010, affirmed, with $10 costs.

Tenant failed to demonstrate legal cause to vacate the "so-ordered" stipulation settling the underlying nonpayment summary proceeding (see Chelsea 19 Assoc. v James, 67 AD3d 601 [2009]) or explain his violations of the payment terms unambiguously set forth in both the settlement stipulation and the order from which tenant now appeals, which afforded him additional time to remedy his prior rent defaults.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 19, 2010