Opinion
No. 570545/11.
2012-04-19
1781 RIVERSIDE LLC, Petitioner–Landlord. v. Chinchu SONG, Respondent–Tenant, and “John Doe,” et al., Respondents–Occupants.
Present: HUNTER, JR., J.P., SHULMAN, TORRES, JJ.
PER CURIAM.
Tenant Addis Teguegne, as limited by his briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County, dated May 25, 2011 (Timmie E. Elsner, J.), which denied his motion to vacate a stipulation of settlement in a holdover summary proceeding.
Order (Timmie E. Elsner, J.), dated May 25, 2011, affirmed, without costs, for the reasons stated by Timmie E. Elsner, J. at Civil Court.
Tenant has shown no legal basis to vacate the remaining terms of the June 2004 “so ordered” stipulation settling the underlying holdover summary proceeding. Having elected to forego any potential substantive defense(s) to the holdover petition by voluntarily entering into the settlement stipulation and reaping certain benefits of the stipulation for a period of years, tenant may not now be heard to argue that the court lacked “authority to order” him to assent to the stipulation's terms. Nor did the stipulation, as modified by the order here under review, violate public policy concerns, particularly given the motion court's (unchallenged) ruling invalidating any purported waiver of stabilization rights. Any alleged defect in the predicate notice or petition was waived by virtue of the settlement ( see 433 W. Assoc. v. Murdock, 276 A.D.2d 360 [2000] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.