Opinion
570715/09.
Decided August 30, 2010.
Petitioner-tenant appeals from an order of the Civil Court of the City of New York, New York County (David B. Cohen, J.), dated July 7, 2009, which granted respondents-landlords' motion to vacate the stipulation of settlement in a Housing Part enforcement proceeding, and denied tenant's cross motion to hold landlords in contempt.
PRESENT: McKeon, P.J., Shulman, Hunter, Jr., JJ.
Order (David B. Cohen, J.), dated July 7, 2009, affirmed, without costs.
As Civil Court correctly concluded, the stipulation of settlement between the parties must be vacated, since landlords' ability to perform their obligations under the stipulation was rendered legally impossible ( see generally 407 E. 61st Garage v Savoy Fifth Ave. Corp., 23 NY2d 275; Stasyszyn v Sutton E. Assoc., 161 AD2d 269). Specifically, landlords' ability to, among other things, restore tenant to possession of the subject apartment premises was rendered legally impossible by an emergency declaration of the New York City Department of Buildings — issued after the parties entered into the stipulation but before landlords' time to perform their obligations under the stipulation expired — requiring the building in which the apartment was situated to be demolished.
We have considered and rejected tenant's remaining contention.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.