FIELDBRIDGE ASSOCIATES LLC v. ROBINSON (2021)

ORDERED that the order is reversed, without costs, the motion by Steve Greene to, in effect, vacate so much of the final judgment as awarded landlord the sum of $8,636.95 as against S. Robinson-Green and to restore to the trial calendar so much of the proceeding as sought a money judgment as against S. Robinson-Green is granted, and the matter is remitted to the Civil Court for all further proceedings.

In this nonpayment proceeding, only nonparty Derek Green answered. He and landlord entered into a so-ordered stipulation of settlement in which they agreed that landlord would be awarded possession and the sum of $8,636.95. Pursuant to the stipulation, a final judgment was entered on May 27, 2003 against, insofar as is relevant here, named tenant S. Robinson-Green. In November 2004, an income execution was filed against Steve Greene, who then moved, in effect, to vacate so much of the final judgment as awarded landlord the sum of $8,636.95 as against S. Robinson-Green and to restore the proceeding to the calendar, in effect conceding that he is S. Robinson-Green. The Civil Court denied the motion, noting that the final judgment was entered on consent.

So much of the final judgment as awarded landlord the sum of $8,636.95 as against S. Robinson-Green must be vacated. The so-ordered stipulation of settlement upon which the final judgment was based was not entered into by S. Robinson-Green, but by nonparty Derek Green.

We pass on no issue raised by Steve Greene for the first time on appeal.

Accordingly, the order is reversed, the motion by Steve Greene to, in effect, vacate so much of the final judgment as awarded landlord the sum of $8,636.95 as against S. Robinson-Green and to restore to the trial calendar so much of the proceeding as sought a money judgment as against S. Robinson-Green is granted, and the matter is remitted to the Civil Court for all further proceedings.

ELLIOT, J.P., WESTON and GOLIA, JJ., concur.