[*1]
271 Parkside Ave Realty LLC v Khabo
2005 NY Slip Op 51468(U) [9 Misc 3d 127(A)]
Decided on September 16, 2005
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 16, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: September 16, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PATTERSON, J.P., RIOS and BELEN, JJ.
2004-1513 K C

271 Parkside Ave Realty LLC, Respondent,

against

Baba Khabo, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Inez Muniz-Hoyos, J.), dated October 4, 2004. The order denied tenant's motion to vacate a stipulation, final judgment and warrant.


Order unanimously reversed without costs and matter remanded for a determination de novo upon a hearing.

In light of the existence of disputed issues of fact with respect to the amount of arrears owed, if any, it was error for the court to determine tenant's motion without [*2]
affording her a hearing. We note that tenant's default under the stipulation, if any, may have been inadvertent and the result of confusion as to the amounts credited by landlord and the balance, if any, that remained due.
Decision Date: September 16, 2005