Case Type
Holdover: Breach of Settlement
Housing Type
Market Rate
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-052116-20/KI
Petitioner
Monica Williams
Respondent
Roan Lindo; Kyle Lindo; "John" "Doe"; "Jane" "Doe"
Judge
Sherman, Malikah
Decision/Order Date
2023-11-21
Posture
Post-judgment Motion by Landlord
Disposition
Motion Denied
Winner
Tenant Substantially Won
Synopsis
Landlord and tenant settled a holdover proceeding, with tenant agreeing to vacate by a certain date and landlord agreeing to waive all rent. Landlord later sought use and occupancy from the date of the original petition, arguing that tenant breached the settlement by not vacating on time. The court denied landlord's motion, finding that the stipulation of settlement did not provide for payment of use and occupancy as a penalty for late vacating, and that the court lacked jurisdiction to grant a money judgment after already having granted a possessory judgment. Key Legal Points: 1) Courts will enforce the terms of a stipulation of settlement. 2) A possessory judgment in a holdover proceeding precludes the court from later awarding a money judgment for use and occupancy.
Recommended Citation
"Williams v. Lindo" (2023). All Decisions. 1334.
https://ir.lawnet.fordham.edu/housing_court_all/1334
