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ACP 170 W. End Ave. Assoc., L.P. v Vadala
2007 NY Slip Op 51391(U) [16 Misc 3d 131(A)]
Decided on July 20, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ
570127/07.

ACP 170 West End Avenue Associates, L.P., Petitioner-Landlord-Respondent,

against

Andrea Vadala, Respondent-Licensee-Appellant.


Respondent appeals from an order of the Civil Court of the City of New York, New York County (Laurie L. Lau, J.), dated February 1, 2007, which denied her motion to vacate a stipulation of settlement in a holdover summary proceeding.


Per Curiam.

Order (Laurie L. Lau, J.), dated February 1, 2007, affirmed, without costs.

Civil Court properly denied respondent's belated motion to vacate the "so-ordered" stipulation settling the underlying holdover proceeding, respondent having failed to present any competent evidence in support of her vague claim that she suffered from a "partial mental disability" or to otherwise demonstrate that she did not understand the terms of the stipulation entered into with the advice of
counsel.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 20, 2007