Opinion
2005-1362 KC.
Decided May 30, 2006.
Appeal from an order of the Civil Court of the City of New York, Kings County (Marc Finkelstein, J.), entered June 2, 2005. The order denied occupant's motion to vacate a so-ordered stipulation of settlement.
Order affirmed without costs.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
In this licensee proceeding, occupant claimed that he was entitled to become the tenant of the subject premises in a New York City Housing Authority (NYCHA) public housing project after his purported cousin, with whom he had allegedly been living, moved out. Occupant failed to establish his contentions in an administrative proceeding, and NYCHA commenced the present summary proceeding. In December 2004, occupant entered into a so-ordered stipulation wherein he consented to a final judgment of possession and agreed to vacate by April 30, 2005.
The court below properly denied occupant's motion to vacate the stipulation of settlement. Stipulations of settlement are favored by the courts and are not lightly cast aside ( Hallock v. State of New York, 64 NY2d 224, 230). In general, a stipulation will be set aside only upon a showing of cause sufficient to invalidate a contract ( id.; see also City of New York v. 130/40 Essex St. Dev. Corp., 302 AD2d 292; 21 West 58th St. Corp. v. Pilosi, 10 Misc 3d 132 [A], 2005 NY Slip Op 52031[U] [App Term, 1st Dept]; Bushwick Props. Mgt. Ltd. Partnership v. Woods, 3 Misc 3d 135 [A], 2004 NY Slip Op 50472[U] [App Term, 2d 11th Jud Dists]). Occupant failed to show any evidence of collusion, mistake, accident or fraud that would rise to this level ( see Matter of Frutiger, 29 NY2d 143, 149-150).
The balance of occupant's contentions, concerning his dissatisfaction with the outcome of his remaining family member NYCHA administrative proceeding, is not properly before the court.
Weston Patterson, J.P., Golia and Belen, JJ., concur.