Opinion
2007-1535 K C.
Decided July 10, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Oymin Chin, J.), dated September 20, 2007. The order denied tenant's motion to vacate a default final judgment of possession and the warrant issued pursuant thereto.
Order affirmed without costs.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
In this nonpayment proceeding, tenant failed to appear for trial, and a final judgment awarding landlord possession and the sum of $4,524.02 was entered on default on June 26, 2007. Tenant brought an order to show cause seeking to vacate the default final judgment, claiming that the amount sought by landlord was incorrect, that there was a credit due for a rent overcharge, and that the rent had been offered and refused. On June 29, 2007, the parties entered into a so-ordered stipulation providing that the final judgment would remain in effect and a warrant would issue forthwith, with execution thereof stayed until July 29, 2007 for tenant to pay all arrears.
Tenant failed to make the payment required under the stipulation and, on July 31, 2007, brought a second order to show cause seeking to vacate the final judgment, asserting that landlord had refused to give her a lease, which she needed to obtain financial assistance. The Civil Court, finding that tenant had received a two-year lease in September 2006, granted the motion to the extent of staying execution of the warrant through August 15, 2007 in order for tenant to obtain financial assistance. Tenant again failed to make the required payment and, on August 15, 2007, sought a third order to show cause seeking to vacate the final judgment and warrant, asserting that she needed more time to obtain financial assistance. Tenant's application for an order to show cause was refused by the Civil Court, but granted by this court pursuant to CPLR 5704 (b). The Department of Social Services then paid a significant portion of tenant's arrears, but tenant failed to pay the remainder. By order dated September 20, 2007, the Civil Court denied tenant's motion, finding that tenant had not demonstrated an ability to pay her share of the rent.
Settlement stipulations are favored and will not be undone absent proof that the settlement was obtained by fraud, collusion, mistake, accident or other ground sufficient to invalidate a contract ( see e.g. Hallock v State of New York, 64 NY2d 224; Matter of Frutiger, 29 NY2d 143). Tenant in this case stipulated that the final judgment would remain in effect and has not demonstrated the existence of cause sufficient to invalidate the stipulation. Moreover, since she repeatedly failed to abide by the terms of the stipulation and did not show an ability to pay her share of the rent, she failed to demonstrate good cause to vacate the warrant. Accordingly, we find that the Civil Court providently exercised its discretion in refusing to vacate the final judgment and warrant.
Tenant's other contentions on appeal involve facts that are dehors the record ( see e.g. Devellis v Lucci, 266 AD2d 180), and, in any event, are without merit.
Rios, J.P., Pesce and Golia, JJ., concur.