Appeals Court Won't Vacate Eviction Judgment After Tenant Given Repeated Extensions

Landlord sued to evict tenant in February 2020, seeking to recover possession of an unregulated apartment. Landlord and tenant, both represented by attorneys, signed a settlement stipulation, so-ordered by the court, in May 2020. They agreed to entry of a final judgment and issuance of an eviction warrant, that tenant would move out by Sep. 5, 2020, and that execution on the eviction warrant would be stayed through that date. In August 2020, following the stay on evictions generally issued in response to the beginning of the COVID-19 pandemic, landlord asked the court for permission to proceed with the eviction. In October 2020, the court granted landlord's motion despite tenant's failure to demonstrate efforts to relocate. Tenant then signed a hardship declaration dated Jan. 28, 2021, which further stayed execution on the warrant. In January 2022, landlord again requested an order permitting execution on the warrant. The parties, again represented by attorneys, signed another settlement stipulation in March 2022, which stayed execution on the warrant until Sep. 10, 2022. On Aug. 30, 2022, tenant asked the court to vacate the settlement stipulations. The court ruled against tenant, who appealed and lost. Tenant showed no fraud, mistake, collusion, or accident. Tenant also failed to show good cause to vacate either of the two so-ordered stipulations, and had received valuable consideration from landlord, who afforded her additional time to vacate. 

Coffey v. Butler: Index No. 2022-812 RI C, 2023 NY Slip Op 50694(U)(App. T. 2 Dept.; 6/23/23; Toussaint, PJ, Buggs, Ventura, JJ)