| Montgomery Trading LLC v Siegel |
| 2009 NY Slip Op 52075(U) [25 Misc 3d 128(A)] |
| Decided on October 14, 2009 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
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.
Per Curiam.
Order (Joseph E. Capella, J.), dated May 5, 2009, affirmed, with $10 costs.
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 [1984]). 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
Decision Date: October 14, 2009