From Casetext: Smarter Legal Research

Southbridge Towers, Inc. v. to

Appellate Term of the Supreme Court of New York, First Department
Jul 22, 2008
2008 N.Y. Slip Op. 51583 (N.Y. App. Term 2008)

Opinion

570401/07.

Decided July 22, 2008.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered June 29, 2007, which denied her motion to vacate a stipulation settling a holdover summary proceeding.

Order (Jean T. Schneider, J.), entered June 29, 2007, affirmed, without costs.

PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.


"Stipulations in settlement of disputes are judicially favored and not lightly cast aside" ( Board of Managers of the Atrium Condominium v West 79th St. Corp., 19 AD3d 241), and tenant herein failed to proffer any basis for voiding the "so — ordered" stipulation settling the underlying eviction claim. As the motion court properly recognized, tenant's deceptive conduct, including her failure to identify the other occupant of the Mitchell-Lama apartment, or list that person's income, on her annual income affidavits constituted fraud and/or illegality that was not curable ( see Matter of Waterside Redevelopment Co. v Department of Hous. Preserv. Dev., 270 AD2d 87, 88, lv denied 95 NY2d 765).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Southbridge Towers, Inc. v. to

Appellate Term of the Supreme Court of New York, First Department
Jul 22, 2008
2008 N.Y. Slip Op. 51583 (N.Y. App. Term 2008)
Case details for

Southbridge Towers, Inc. v. to

Case Details

Full title:SOUTHBRIDGE TOWERS, INC., Petitioner-Landlord-Respondent, v. JARMENA TO

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jul 22, 2008

Citations

2008 N.Y. Slip Op. 51583 (N.Y. App. Term 2008)