Case Type
Non-payment
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
328144/22
Slip Opinion Number
2023 NY Slip Op 51272(U)
Petitioner
33 Rhode Island Inc.
Respondent
Nelva Cintron
Judge
Jimenez, Sergio
Decision/Order Date
2023-09-06
Posture
Post-judgment Motion by Tenant
Disposition
Motion Denied
Winner
Landlord Substantially Won
Synopsis
Landlord brought a non-payment proceeding against tenant. The parties entered into a stipulation of settlement, but tenant later sought to vacate the stipulation. The court denied tenant's motion, finding that the stipulation was not unconscionable or unfair and that tenant was represented by counsel during its negotiation and signing. Key Legal Points: 1) Stipulations of settlement are favored by the courts and should not be lightly cast aside. 2) Second-guessing an agreement by new counsel is not sufficient grounds to vacate it. 3) A tenant may have recourse against their former attorney if they were misrepresented, but that does not invalidate the stipulation itself.
Recommended Citation
"33 R.I. Inc. v. Cintron" (2023). All Decisions. 1330.
https://ir.lawnet.fordham.edu/housing_court_all/1330
