| Arwin 74th St., LLC v Bhugra |
| 2009 NY Slip Op 50825(U) [23 Misc 3d 136(A)] |
| Decided on April 29, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Tenant appeals from an order of the Civil Court of the City of New York, New York County
(Peter M. Wendt, J.), dated August 20, 2008, which denied her motion to vacate a stipulation of
settlement in a holdover summary proceeding.
Per Curiam.
Order (Peter M. Wendt, J.), dated August 20, 2008, affirmed, with $10 costs.
Civil Court properly denied tenant's motion to vacate the so-ordered stipulation settling the underlying holdover summary proceeding. Stipulations in settlement of disputes are judicially favored and not lightly cast aside (see Hallock v State of New York, 64 NY2d 224 [1984]). The record demonstrates that tenant understood the terms of the stipulation and received adequate consideration for her agreement to vacate the unregulated apartment premises. Tenant benefitted from the stipulation and then waited until the end of the discretionary stay agreed upon before moving to vacate the stipulation on the ground of duress (see Board of Mgrs. of Atrium Condominium v West 79th St. Corp., 19 AD3d 241 [2005]). Tenant's remaining arguments, raised for the first time on appeal, were waived by virtue of the settlement (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 29, 2009