Mendel v. Henry Phipps Plaza West, Inc.

• Decision Date: 28 March 2006
• Docket Number: 8165.,8165A.
• Citation: Mendel v. Henry Phipps Plaza West, Inc., 27 AD3d 375, 813 N.Y.S.2d 66, 2006 NY Slip Op 2304 (N.Y. App. Div. 2006)
• Parties: SYLVIA MENDEL, Plaintiff, and STEVEN BAIN et al., Appellants, v. HENRY PHIPPS PLAZA WEST, INC., Defendant, and BELLEVUE SOUTH ASSOCIATES, L.P., Respondent.
• Court: New York Supreme Court — Appellate Division

27 A.D.3d 375

813 N.Y.S.2d 66

2006 NY Slip Op 02304

SYLVIA MENDEL, Plaintiff, and STEVEN BAIN et al., Appellants, v. HENRY PHIPPS PLAZA WEST, INC., Defendant, and BELLEVUE SOUTH ASSOCIATES, L.P., Respondent.

8165.

8165A.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 2006.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about August 24, 2005, which granted defendant Bellevue South's motion to enforce a stipulation and agreement of settlement (same court and Justice), entered February 20, 2004, allowing for a warrant of eviction on consent, and which denied the Bains' cross motion to set aside the settlement agreement as void on the grounds of misrepresentation, fraud and duress, or for a hearing on said issues, as well as on their claim of entitlement to continue as Mitchell-Lama tenants, unanimously affirmed, without costs. Order, same court and Justice, entered October 28, 2005, which awarded possession of the Bains' premises to defendant Bellevue South, authorized a warrant of eviction and stayed all proceedings pending appeal on condition that the Bains post an undertaking in the amount of $20,000, unanimously affirmed, without costs.

Contrary to the Bain tenants' claims, there is no basis in the record for setting aside their agreement to accept the negotiated and "so-ordered" settlement agreement. That agreement has been deemed binding upon tenants who, like the Bains, accepted it (see Mendel v Henry Phipps Plaza W., Inc., 6 NY3d 783, 786 n), and the arguments to set aside their consent to the settlement on...