| 220 W. 98 Realty LLC v New York Province of the Society of Jesus |
| 2006 NY Slip Op 51308(U) [12 Misc 3d 138(A)] |
| Decided on July 6, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through July 31, 2006; it will not be published in the printed Official Reports. |
Landlord appeals from so much of an order of the Civil Court, New York County (Kevin C. McClanahan, J.), dated July 20, 2005, as denied its cross motion for partial summary judgment in a holdover summary proceeding. Tenant cross appeals from so much of the aforesaid order as denied its motion for summary judgment.
PER CURIAM:
Order (Kevin C. McClanahan, J.), dated July 20, 2005, modified to grant landlord's motion for partial summary judgment and to award landlord a final judgment with respect to apartments 4E, 7J and 8B, and as so modified, affirmed, with $10 costs.
On a prior appeal in this matter (291 AD2d 12 [2002], affirming NYLJ, Nov. 6, 2000, at 24, col 6 [App Term, 1st Dept]), the holdover proceeding was remanded to Civil Court for a determination as to which apartments were no longer occupied by the occupants designated in the parties' 1989 stipulation of settlement, and for entry of a final judgment accordingly. Landlord's motion for partial summary judgment should have been granted based upon the undisputed evidence that the individuals named in the 1989 stipulation as occupants of apartments 4E, 7J and 8B have permanently vacated their respective apartments. Tenant's attempt to relitigate the use and configuration of the subject apartments is precluded by the clear and unambiguous terms of the stipulation, which contains a list designating each of the stabilized apartments at issue and their respective occupants.
This constitutes the decision and order of the Court.
Decision Date: July 6, 2006