Opinion
570470/04.
Decided January 12, 2006.
Tenant appeals from an order of the Civil Court, New York County (Anthony J. Fiorella, Jr., J.), dated July 28, 2004, which denied her motion to vacate a final judgment and dismiss the nonpayment summary proceeding, or in the alternative, to restore the proceeding and for leave to interpose additional defenses.
Order (Anthony J. Fiorella, Jr., J.), dated July 28, 2004, reversed, with $10 costs, tenant's motion to vacate the judgment and for leave to interpose defenses granted, and matter remanded for further proceedings.
PRESENT: Suarez, P.J., Gangel-Jacob, Schoenfeld, JJ.
Landlord was awarded a final judgment upon the parties' prior "stipulation of adjournment," which was not "so ordered" and which tenant entered into without representation. In said stipulation, tenant acknowledged that she owed arrears totaling $1,424 through April 30, 2004.
While a stipulation is essentially a contract and should not be lightly set aside, the court possesses the discretionary power to relieve parties from the consequences of a stipulation "if it appears that the stipulation was entered into inadvisedly or that it would be inequitable to hold the parties to it" ( Genesis Holding, LLC v. Watson, 5 Misc 3d 127 A [2004], quoting 1420 Concourse Corp. v. Cruz, 135 AD2d 371, 373, appeal dismissed 73 NY2d 868). Tenant, now represented by counsel, has submitted documentary evidence which shows the existence of possible defenses to landlord's rent claim. Under these circumstances, the judgment should have been vacated and the stipulation set aside to allow tenant to defend the nonpayment proceeding on the merits ( see e.g. Striver 140 LLC v. Cruz, 1 Misc 3d 29).
This constitutes the decision and order of the court.