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

LT-310915-22

Petitioner

Kim A. Tatum as Trustee of the Charlie G Tatum and Kim A. Tatum Living Trust

Respondent

Marva Jack, John Doe, Jane Doe

Judge

Bacdayan, Karen May

Decision/Order Date

2024-03-08

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In a non-payment proceeding before the Civil Court of the City of New York, Kings County, Judge Karen May Bacdayan granted the landlord's motion to vacate a stipulation of settlement entered into between the parties. The court found that although there was no clear evidence of mutual mistake at the time of the stipulation, there existed a material error that warranted vacating the agreement. Key legal points include the court's discretionary power to relieve a party of an agreement if it can be shown that the mistake is substantial and that vacatur is necessary to prevent unjust enrichment. Additionally, the court noted the importance of efficiently resolving disputes while maintaining the integrity of the litigation process.

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