New Landlord Bound by Prior Stipulation

Facts: In 1984, landlord sued to evict tenant in order to renovate building as a luxury hotel. Landlord and tenant stipulated in housing court that tenant would temporarily move out during the renovation. Landlord agreed to restore tenant to possession when the renovation was completed. Landlord also agreed to pay tenant $18,000 per year for two years; the work was supposed to be completed by then. The stipulation called for damages if landlord didn't comply. The work wasn't completed within two years; the building was sold in 1986 and again in 1988. At that point, tenant sued new landlord. In 1990, a court ruled that new landlord must comply with the original stipulation. The building was then sold again; new landlord finished the renovation and reopened the building as a luxury hotel. New landlord claimed that tenant was entitled to possession only---not to damages or attorney's fees.Court: The last court order provided for damages; all landlords are bound by the terms of the original stipulation. A hearing was ordered to determine the amount of damages due. Tenant also must be allowed to keep the three cats she had at the time the stipulation was entered into. That stipulation specifically acknowledged that tenant had the cats, but stated that no agreement was made about the cats.

Stasyszyn v. Sutton East Associates: NYLJ, p. 22, col. 1 (8/18/93) (Sup. Ct. NY: Cahn, J)