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21 W. 58th St. Corp. v. Pilosi

Appellate Term of the Supreme Court of New York, First Department
Dec 14, 2005
2005 N.Y. Slip Op. 52031 (N.Y. App. Term 2005)

Opinion

570101/05.

Decided December 14, 2005.

Tenant appeals from an order of the Civil Court, New York County (Timmie Erin Elsner, J.), entered on or about January 11, 2005, which denied her motion to vacate a "so ordered" stipulation of settlement in a holdover summary proceeding.

Order (Timmie Erin Elsner, J.), entered on or about April 5, 2005, affirmed, without costs.

PRESENT: McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


Civil Court properly denied tenant's motion to vacate the so-ordered settlement stipulation. In general, stipulations of settlement are favored by the courts, and are not lightly cast aside, especially when they are made, as here, in open court ( see Hallock v. State of New York, 61 NY2d 224, 230). Relief from a stipulation may be granted upon a showing of good cause, such as collusion, mistake, accident, or other such grounds sufficient to invalidate a contract ( see Bushwick Properties Management Ltd Partnership v. Woods, 3 Misc 3d 135A [2004]). There was no showing of good cause to set aside the stipulation. The record demonstrates that while tenant appeared pro se, she understood the terms of the stipulation and received ample consideration for her agreement to vacate the premises.

This constitutes the decision and order of this court.


Summaries of

21 W. 58th St. Corp. v. Pilosi

Appellate Term of the Supreme Court of New York, First Department
Dec 14, 2005
2005 N.Y. Slip Op. 52031 (N.Y. App. Term 2005)
Case details for

21 W. 58th St. Corp. v. Pilosi

Case Details

Full title:21 WEST 58TH STREET CORP. No. Petitioner-Landlord-Respondent, v. CAROL…

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

Date published: Dec 14, 2005

Citations

2005 N.Y. Slip Op. 52031 (N.Y. App. Term 2005)