Tenant Can Vacate Stipulation

May 31, 1995

LVT Number: 9760

Facts: Landlord sued to evict tenant, who was his sister-in-law. The apartment was unregulated. Tenant had lived in the apartment with landlord's brother and their three children. The brother, a part owner, later moved out and conveyed his interest in the building to landlord. Tenant signed a court stipulation agreeing to move out in six months. But the stipulation was made subject to the outcome of tenant's own court action against landlord and his brother for fraudulent conveyance. Her case was unresolved when the six-month stipulation was up.

Facts: Landlord sued to evict tenant, who was his sister-in-law. The apartment was unregulated. Tenant had lived in the apartment with landlord's brother and their three children. The brother, a part owner, later moved out and conveyed his interest in the building to landlord. Tenant signed a court stipulation agreeing to move out in six months. But the stipulation was made subject to the outcome of tenant's own court action against landlord and his brother for fraudulent conveyance. Her case was unresolved when the six-month stipulation was up. Tenant asked the court to extend her time on the stipulation. Court: Tenant wins on this issue. Since the stipulation covered tenant's outstanding claim for fraudulent conveyance, the status quo should be maintained by delaying any eviction until that claim was resolved.

Law v. Law: NYLJ, p. 25, col. 1 (5/24/95) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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