Opinion
570494/09.
Decided October 14, 2009.
Tenants appeal from an order of the Civil Court of the City of New York, New York County (Joseph E. Capella, J.), dated May 5, 2009, which denied their motion to vacate a stipulation of settlement and for leave to amend the answer in a nonpayment summary proceeding.
Order (Joseph E. Capella, J.), dated May 5, 2009, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Heitler, Shulman, JJ.
Civil Court properly denied tenants' motion to vacate the two-attorney, so-ordered stipulation of settlement resolving the underlying nonpayment summary proceeding since tenants failed to demonstrate legal cause for such relief, e.g., fraud, collusion, mistake or accident ( see Hallock v State of New York, 64 NY2d 224, 230). The belated attempt by tenants' incoming counsel to inject into the settled litigation an (unpleaded) rent forfeiture defense not referenced in the stipulation does not provide a proper basis to vacate the binding stipulation, assented to by tenants upon advice of prior counsel.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur