96 LLC v. Bonita Jackson, Respondent. (2023)

ORDERED that the order is affirmed, without costs.

In this nonpayment proceeding, commenced in March 2010, to recover possession of the premises based upon tenant's alleged rent arrears of $4,800, the parties entered into a so-ordered stipulation, dated May 17, 2010, in which tenant consented to the entry of a final judgment awarding landlord possession and the sum of $4,200 and the parties agreed to a payment plan through July 31, 2010. A final judgment was entered on May 17, 2010 in accordance with the stipulation. By motion dated July 8, 2010, tenant moved to vacate the final judgment and the parties entered into a second so-ordered stipulation, dated July 16, 2010, in which the parties agreed that tenant's motion was granted as set forth therein. The stipulation provided, among other things, that "Execution of the warrant is stayed until 8/2/2010 for [tenant] to either pay $4,725.00 or vacate the subject premises" (emphasis added). As is relevant to this appeal, tenant, by order to show cause dated November 21, 2021, moved to vacate the final judgment and all the income executions and restraining notices she had received in November 2020, stating that she vacated the apartment over 10 years prior. By order dated December 17, 2021, the Civil Court granted tenant's motion. On appeal, landlord does not make any arguments with respect to the parties' July 16, 2010 stipulation. In particular, landlord does not refute tenant's sworn statement that she vacated the apartment or argue that such vacatur did not entitle her to have the final judgment vacated. Thus, we find no basis to disturb the Civil Court's December 17, 2021 order.

Accordingly, the order is affirmed.

BUGGS, J.P., OTTLEY and VENTURA, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: March 3, 2023