Tenant Can't Vacate Stipulation

February 1, 1994

LVT Number: 8528

Landlord sued to evict subtenant of a professional apartment. Tenant had moved out and wasn't coming back. The court ruled for landlord. By stipulation, landlord gave subtenant an extra nine months to move out. Subtenant later came back and asked the court to vacate the stipulation. The trial court ruled against subtenant, and subtenant appealed. The appeals court also ruled against subtenant. Subtenant now claimed that the apartment was rent-stabilized and that landlord hadn't stated this in its petition. It was too late to raise this issue now.

Landlord sued to evict subtenant of a professional apartment. Tenant had moved out and wasn't coming back. The court ruled for landlord. By stipulation, landlord gave subtenant an extra nine months to move out. Subtenant later came back and asked the court to vacate the stipulation. The trial court ruled against subtenant, and subtenant appealed. The appeals court also ruled against subtenant. Subtenant now claimed that the apartment was rent-stabilized and that landlord hadn't stated this in its petition. It was too late to raise this issue now. And, while the case was pending, subtenant made no claim that he lived in the apartment.

Arsol Management Co. v. Brecher: NYLJ, p. 21, col. 2 (1/21/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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