Opinion
No. 570093/24
05-23-2024
Washington Jefferson Holdings LLC, Petitioner-Landlord-Respondent, v. Israel Temesgen, Respondent-Tenant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated November 13, 2023, which denied her motion to vacate a stipulation of settlement in a nonpayment summary proceeding.
Order (Jack Stoller, J.), dated November 13, 2023, affirmed, without costs.
Civil Court properly denied tenant's motion to vacate the so-ordered stipulation settling the underlying nonpayment summary proceeding. No persuasive showing was made that the stipulation was tainted by mistake, fraud or any other basis for voiding a contract (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]), or that it would be inequitable or unfair to hold the parties to their bargain (see Matter of Frutiger, 29 N.Y.2d 143, 149-150 [1971]). Tenant's contention that the stipulation required her to pay an incorrect amount of rent arrears is not supported by the record, which establishes that landlord agreed to accept tenant's calculation of the amount due ($7,695), a sum which was less than the amount landlord claimed ($10,450). The motion court also found that tenant did not prove that she made payments that were not credited by landlord (see Structured Asset Sales Group LLC v Freeman, 45 A.D.3d 327, 328 [2007]).