Tenant Can Vacate Stipulation

April 1, 1997

LVT Number: 11367

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a stipulation. Tenant then defaulted on the stipulation and moved after the eviction warrant was issued and the 72-hour notice was sent. Tenant later asked the court to vacate the stipulation based on a rent overcharge and because corporate landlord had improperly brought a nonpayment proceeding without an attorney. The court ruled against tenant because she'd already moved out. Tenant appealed and won. The court still had authority to rule in the case even though tenant had moved out.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a stipulation. Tenant then defaulted on the stipulation and moved after the eviction warrant was issued and the 72-hour notice was sent. Tenant later asked the court to vacate the stipulation based on a rent overcharge and because corporate landlord had improperly brought a nonpayment proceeding without an attorney. The court ruled against tenant because she'd already moved out. Tenant appealed and won. The court still had authority to rule in the case even though tenant had moved out. The petition should've been dismissed because landlord corporation brought the nonpayment proceeding without an attorney.

35-24 Realty Corp. v. Urena: NYLJ, p. 31, col. 2 (3/7/97) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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