Case Type
Holdover-Breach of Lease
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-300346-22/KI
Petitioner
1198 Decatur LLC
Respondent
Duane Foster, Alexander Rivie
Judge
GOLDEN, TASHANNA B.
Decision/Order Date
2023-10-23
Posture
Post-judgment Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this holdover proceeding, the tenant successfully moved to vacate a stipulation of settlement and judgment of possession entered into based on mutual mistake. The court found that the landlord lacked proper standing at the time of the settlement due to the appointment of a receiver for the subject premises, thereby granting the tenant's motion to vacate the settlement and judgment. Key legal point: A stipulation of settlement and judgment may be vacated on the basis of mutual mistake when it is shown that one party lacked proper authority at the time of the settlement.
Recommended Citation
"1198 Decatur LLC v. Foster" (2023). All Decisions. 1367.
https://ir.lawnet.fordham.edu/housing_court_all/1367
