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Bay Ridge Air Rights, Inc. v Marlatt
2017 NY Slip Op 50435(U) [55 Misc 3d 133(A)]
Decided on April 7, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHELLE WESTON, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ.
2015-2963 K C

Bay Ridge Air Rights, Inc., Respondent,

against

Edward Marlatt, Appellant.


Edward Marlatt, appellant pro se.

Tane Waterman & Wurtzel, P.C., Stewart E. Wurtzel, Esq., for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Maria Ressos, J.), entered June 17, 2015. The order denied tenant's motion to vacate a stipulation of settlement in a holdover summary proceeding.

ORDERED that the order is affirmed, without costs.

In this nonprimary-residence holdover proceeding, the parties entered into a stipulation of settlement in which it was agreed, among other things, that landlord would discontinue the proceeding and that tenant would pay landlord $2,400 in attorney's fees. Tenant thereafter moved to vacate the stipulation, arguing, among other things, that he had reconsidered his agreement to pay attorney's fees. By order entered June 17, 2015, the Civil Court denied tenant's motion.

On appeal, tenant expresses his willingness to pay the stipulated fees but only if landlord removes other charges that it subsequently added to his bill. As tenant shows no basis to set aside the stipulation, and as his brief on appeal refers to matters that are dehors the record, the order is affirmed.

Weston, J.P., Pesce and Aliotta, JJ., concur.


ENTER:

Paul Kenny

Chief Clerk

Decision Date: April 07, 2017