580 St. Nicholas LLC v Adams (2005 NYSlipOp 51095(U))

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580 St. Nicholas LLC v Adams

2005 NYSlipOp 51095(U)

Decided on July 13, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 13, 2005

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570236/04

580 St. Nicholas LLC., Petitioner-Landlord-Respondent,

against

Lisa Adams, Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated April 12, 2004 (Cyril K. Bedford, J.) which denied tenant's motion to vacate a stipulation of settlement in a nonpayment summary proceeding.

PER CURIAM:

Order dated April 12, 2004 (Cyril K. Bedford, J.) affirmed, with $10 costs.

Civil Court properly denied tenant's motion to vacate the "so-ordered" stipulation settling the underlying summary nonpayment proceeding. Stipulations in settlement of disputes are judicially favored and not lightly cast aside (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). Tenant "benefitted from the stipulation, and then waited nearly [one year] after its execution before moving to vacate it on grounds of duress." (Board of Mgrs. of Atrium Condominium v West 79th St. Corp, ___AD3d___, 2005 NY Slip Op 05221 [1st Dept].)
This constitutes the decision and order of the court.
Decision Date: July 13, 2005