Appeal from a final judgment of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered May 4, 2012. The final judgment, entered pursuant to an order of the same court (Robert C. Cerrato, J.) dated February 17, 2012 granting the branch of landlord's motion seeking to restore the holdover proceeding to the calendar and setting the branch of landlord's motion seeking the entry of a final judgment down for a hearing, and pursuant to an order of the same court (Thomas R. Daly, J.) dated April 4, 2012, following a hearing, granting the branch of landlord's motion seeking the entry of a final judgment in favor of landlord, insofar as appealed from, awarded possession to landlord as against tenant John O'Connor.

ORDERED that the final judgment, insofar as appealed from, is reversed, without costs, the orders dated February 17, 2012 and April 4, 2012 are vacated, and landlord's motion to [*2]restore the proceeding to the calendar and for the entry of a final judgment is denied.

In this holdover proceeding commenced in December 2008, the record shows that, on May 6, 2009, a stipulation was entered into by counsel in open court, in which it was agreed, among other things, that the petition would be withdrawn without prejudice as against tenant John O'Connor. The agreement did not provide that the proceeding could be restored to the calendar for the entry of judgment if tenant breached the stipulation by allowing his son to return to the apartment. Thereafter, landlord and John O'Connor executed a renewal lease. Under these circumstances, it was error for the City Court to grant landlord's motion to restore the proceeding to the calendar and for the entry of a final judgment in favor of landlord. Accordingly, the final judgment, insofar as appealed from, is reversed, the orders dated February 17, 2012 and April 4, 2012 are vacated, and landlord's motion is denied.

Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: August 08, 2013