Opinion
No. 570544/22
10-18-2023
57-59 Second Realty Associates LLC, Petitioner-Landlord-Respondent, v. Wilson Chan, Respondent-Tenant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
PER CURIAM
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Karen May Bacdayan, J.), dated October 24, 2022, which granted the landlord's motion to execute a warrant of eviction in a nonpayment summary proceeding.
Order (Karen May Bacdayan, J.), dated October 24, 2022, affirmed, without costs.
Tenant's Article 81 guardian, appointed by order of Supreme Court, New York County dated July 11, 2016, had authority to enter into the March 2, 2020 stipulation of settlement in this nonpayment proceeding commenced against tenant, since the guardian's powers included the authority to defend or maintain judicial proceedings on tenant's behalf. Contrary to tenant's assertion, the subsequent (October 5, 2021) Appellate Division determination that the guardian was no longer warranted (see Matter of Banks (Wilson C.), 198 A.D.3d 408, 408 [2021])did not render the stipulation null and void, since the June 2019 Supreme Court order underlying that appeal was "jurisdictionally valid, and never stayed during the time relevant herein" (Seril v Belnord Tenants Assn., 139 A.D.2d 401, 401 [1988]).
Nor did tenant allege any fraud, collusion, mistake, or accident warranting vacatur of the stipulation (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]) or show that the stipulation was entered into inadvisedly or that it would be inequitable to hold the parties to it (see Matter of Frutiger, 29 N.Y.2d 143, 150 [1971]).
Any alleged defects in the notice of petition were waived by virtue of the settlement (see 1781 Riverside LLC v Chinchu Song, 35 Misc.3d 137 [A], 2012 NY Slip Op 50830[U][App Term, 1st Dept 2012] 2380-86 Grand Ave. Assoc., LLC v Ortega, 20 Misc.3d 135 [A], 2008 NY Slip Op 51511[U] [App Term, 1st Dept 2008]).
The tenant's remaining contentions have been considered and rejected.