Opinion
2004-1513 KC.
Decided September 16, 2005.
Appeal from an order of the Civil Court of the City of New York, Kings County (Inez Muniz-Hoyos, J.), dated October 4, 2004. The order denied tenant's motion to vacate a stipulation, final judgment and warrant.
Order unanimously reversed without costs and matter remanded for a determination de novo upon a hearing.
PRESENT: PATTERSON, J.P., RIOS and BELEN, JJ.
In light of the existence of disputed issues of fact with respect to the amount of arrears owed, if any, it was error for the court to determine tenant's motion without affording her a hearing. We note that tenant's default under the stipulation, if any, may have been inadvertent and the result of confusion as to the amounts credited by landlord and the balance, if any, that remained due.