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1781 Riverside LLC v Chinchu Song
2012 NY Slip Op 50830(U) [35 Misc 3d 137(A)]
Decided on April 19, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through October 25, 2012; it will not be published in the printed Official Reports.


Decided on April 19, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Hunter, Jr.. J.P., Shulman, Torres, JJ
570545/11.

1781 Riverside LLC, Petitioner-Landlord-

against

Chinchu Song, Respondent-Tenant, -and- Addis Teguegne, Respondent-Tenant-Appellant, -and- "John Doe," et al. Respondents-Occupants.


Tenant Addis Teguegne, as limited by his briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County, dated May 25, 2011 (Timmie E. Elsner, J.), which denied his motion to vacate a stipulation of settlement in a holdover summary proceeding.


Per Curiam.

Order (Timmie E. Elsner, J.), dated May 25, 2011, affirmed, without costs, for the reasons stated by Timmie E. Elsner, J. at Civil Court.

Tenant has shown no legal basis to vacate the remaining terms of the June 2004 "so ordered" stipulation settling the underlying holdover summary proceeding. Having elected to forego any potential substantive defense(s) to the holdover petition by voluntarily entering into the settlement stipulation and reaping certain benefits of the stipulation for a period of years, tenant may not now be heard to argue that the court lacked "authority to order" him to assent to the stipulation's terms. Nor did the stipulation, as modified by the order here under review, violate public policy concerns, particularly given the motion court's (unchallenged) ruling invalidating any purported waiver of stabilization rights. Any alleged defect in the predicate notice or petition was waived by virtue of the settlement (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 19, 2012