125 Court St., LLC v. Nicholson

• Citation: 46 N.Y.S.3d 475 (Table)
• Decision Date: 07 September 2016
• Docket Number: No. 2014–15–57 K C.,2014–15–57 K C.
• Parties: 125 COURT STREET, LLC, Respondent, v. Yolande NICHOLSON, Appellant.
• Court: New York Supreme Court — Appellate Term

46 N.Y.S.3d 475 (Table)

125 COURT STREET, LLC, Respondent,
v.
Yolande NICHOLSON, Appellant.

No. 2014–15–57 K C.

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Sept. 7, 2016.

Consolidated appeal from orders of the Civil Court of the City of New York, Kings County, dated July 16, 2014 (Marcia J. Sikowitz, J.) and September 19, 2014 (Leslie A. Stroth, J.), respectively. The order dated July 16, 2014, insofar as appealed from as limited by the brief, denied tenant's motion (1) in effect, for leave to reargue her prior motion to vacate a stipulation of settlement, an amended stipulation of settlement, and the final judgment entered pursuant thereto, which prior motion had been determined by an order of the same court (Anthony J. Fiorella, J.) entered May 20, 2011, and (2) to be restored to possession, in a holdover summary proceeding. The order dated September 19, 2014 denied tenant's motion, in effect, for leave to renew the initial motion, and to dismiss the petition, to be restored to possession, and for attorney's fees.

ORDERED that so much of the appeal as is from the portion of the order dated July 16, 2014 that, in effect, denied reargument is dismissed; and it is further,

ORDERED that the order dated July 16, 2014, insofar as reviewed, is affirmed, without costs; and it is further,

ORDERED that the order dated September 19, 2014 is reversed, without costs, and the matter is remitted to the Civil Court for a new determination of tenant's motion, in effect, for leave to renew the initial motion, and to dismiss the petition, to be restored to possession, and for attorney's fees.

Landlord, an affiliate of Two Trees Management Company, commenced this holdover proceeding in February 2010, alleging that the subject apartment is rent stabilized and that tenant had failed to sign a renewal lease (see Rent Stabilization Code [RSC] [9 NYCRR] § 2524.3[f] ). The petition does not allege that landlord is the recipient of an RPTL 421–a tax abatement (see 28 RCNY 6–01 et seq. ). On June 10, 2010, tenant, represented by counsel, entered into a stipulation in which she admitted owing landlord $22,423.21 through June 30, 2010. The stipulation provided for a purported waiver of past...