Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-325774-23
Petitioner
Teresa Chillo
Respondent
Norma Lopez, Faycal Yahiaoui
Judge
Basu, Shantonu J.
Decision/Order Date
2024-03-29
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this Nonpayment case, the court granted the tenant's motion to vacate a pro se stipulation entered into during litigation. The stipulation was vacated because the court found that the tenant, who was unrepresented at the time, entered into it improvidently. The petition filed by the landlord was defective as it alleged inconsistent facts regarding the regulatory status of the apartment, which formed a viable defense for the tenant. As a result, the court vacated the stipulation and returned the parties to their original positions, setting aside the judgment and warrant. The proceeding was adjourned for further motions, and the tenant was given the opportunity to file an answer.
Recommended Citation
"Chillo v. Lopez" (2024). All Decisions. 1443.
https://ir.lawnet.fordham.edu/housing_court_all/1443
