Illegal Subtenant Can't Vacate Stipulation

May 31, 1996

LVT Number: 10644

Landlord sued to evict illegal subtenant. Subtenant stipulated to move out in 10 months and to pay use and occupancy in the meantime. Subtenant later asked the court to vacate the stipulation. The court ruled against subtenant, and she appealed. The appeals court again ruled against subtenant. Subtenant claimed she had pass-on rights to the apartment but presented no new proof of any additional facts which warranted vacating the stipulation. Subtenant also had been given sufficient time to relocate, so she couldn't claim that the stipulation was unduly harsh.

Landlord sued to evict illegal subtenant. Subtenant stipulated to move out in 10 months and to pay use and occupancy in the meantime. Subtenant later asked the court to vacate the stipulation. The court ruled against subtenant, and she appealed. The appeals court again ruled against subtenant. Subtenant claimed she had pass-on rights to the apartment but presented no new proof of any additional facts which warranted vacating the stipulation. Subtenant also had been given sufficient time to relocate, so she couldn't claim that the stipulation was unduly harsh.

Metropolitan Life Insurance Co. V. Ampuol: NYLJ, p. 27, col. 2 (5/30/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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