Opinion
No. 570985/15.
02-17-2016
2701 GRAND ASSOCIATION LLC, Petitioner–Landlord v. Evangelista MOREL and Jessica Romental, Respondents–Tenants–Appellants.
Orders (Laurie Marin, J.), dated, respectively, May 4, 2015 and July 10, 2015, reversed, with one bill of $10 costs, motions granted, stipulation and default judgment vacated, and matter remanded for further proceedings.
Landlord was awarded a final judgment against tenant Morel pursuant to a stipulation of settlement, whereby Morel, while unrepresented, acknowledged that she owed the rent arrears demanded by landlord in the nonpayment petition. Landlord was also awarded a default final judgment against co-tenant Romental, Morel's daughter, who did not answer because she believed her mother could appear on her behalf.
Tenants, now represented by counsel, have submitted documentary evidence showing the existence of an arguably meritorious rent overcharge claim. This evidence shows that landlord increased the rent from $1,008.90 in 2013, when the prior tenant vacated the apartment, to $1,900, when tenants commenced occupancy in July 2014, an 88% increase. Under these circumstances, we exercise our discretion to grant tenant Morel's motion to vacate the stipulation (see Tabak Assoc., LLC v. Vargas, 48 Misc.3d 143[A], 2015 N.Y. Slip Op 51314[U] [App Term, 1st Dept 2015] ; Berco Realty LLC v. Thombiano, 45 Misc.3d 129[A], 2014 N.Y. Slip Op 51564[U] [App Term, 1st Dept 2014] ) and to submit an amended answer, and to grant tenant Romental's motion to vacate the default judgment and submit an answer.
Tenants also demonstrated ample need for limited discovery relating to the apartment improvements that were the basis of the $891 rent increase.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.