Appeal by landlord from an order of the Civil Court, Kings County (M. Sikowitz, J.), dated December 13, 2002, vacating a stipulation of settlement, and the final judgment and warrant issued pursuant thereto.

Order unanimously affirmed with $10 costs.

In this nonpayment proceeding, tenant moved to vacate a stipulation of settlement in which, while unrepresented by counsel, he had agreed to the conversion of the nonpayment proceeding to a holdover proceeding and to surrender his rent-stabilized, $242-per-month, apartment of 21 years in return for a two-month stay of execution of the warrant and a waiver of rent arrears. Tenant asserted that he had unknowingly waived several meritorious defenses including substantial breaches of the warranty of habitability, a rent demand which improperly demanded monthly rent in an amount almost twice the actual rent, and laches. Tenant also showed, and landlord did not controvert, that he had entered into the stipulation based in substantial part on landlord's agent's representation that he would assist tenant in relocating to senior or public housing and that such assistance was never forthcoming. Under the circumstances, the court did not improvidently exercise it discretion in granting tenant's motion to set aside the stipulation (Cabbad v Melendez, 81 AD2d 626 [1981]).
Decision Date: December 09, 2003