Court Denies Landlord's Request to Restore Case to Calendar

Landlord sued to evict rent-stabilized tenant for violating substantial obligations of her tenancy. The parties settled the case in court in February 2023. The stipulation addressed the lease breach claims, called for payment of use and occupancy that had accrued while the case was pending, and provided for updating lease renewals. In the event of failure to comply with these agreements, the stipulation provided only that a party could "seek appropriate relief in case of default." Landlord went back to court after tenant failed to pay the substantial rent arrears he had agreed to pay. Tenant had been awarded ERAP funds for back rent, but landlord couldn't accept them. The court ruled that there was no relief it could grant when landlord sought to restore the case to the court's calendar. 

321 Bay Ridge Company, Inc. v. Cordova: Index No. 92347/2015, NYLJ No. 1701137285 (Civ. Ct. Kings; 11/24/23; Weisberg, J)