Opinion
2002-1445 RIC.
Decided June 3, 2004.
Appeal by tenants from an order of the Civil Court, Richmond County (G. Lebovits, J.), dated August 23, 2002, denying their motion to vacate a stipulation.
Order unanimously affirmed without costs.
PRESENT: ARONIN, J.P., GOLIA and RIOS, JJ.
In the circumstances presented, tenants' showing that the premises in which their apartment is located may be a de facto multiple dwelling affords no basis to vacate the stipulation settling this holdover proceeding ( Meaders v. Jones, NYLJ, June 30, 2003 [App Term, 2d 11th Jud Dists]; Willoughby Assocs. v. Dance-Lonesome, NYLJ, June 6, 2003 [App Term, 2d 11th Jud Dists]; see Chan v. Adossa, 195 Misc 2d 590). Inasmuch as all monies due under the stipulation were paid, and inasmuch as their payment was agreed to by tenants as a condition of a stay, the monies must be deemed to have been voluntarily paid and are not recoverable (Multiple Dwelling Law § 325; see Rosgro Realty Co. v. Braynen, 70 Misc 2d 808). In view of the foregoing, we do not reach the issue of whether the premises is a multiple dwelling.
We incidentally note that it was error for the Housing Court to rely on photographs and documents which were not submitted into evidence and not properly authenticated.