Case Type

Holdover-Non-primary Residence

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

L&T 316751/24

Slip Opinion Number

2025 NY Slip Op 51748(U)

Petitioner

Marion Realty LLC

Respondent

Tanisha Hall, JOHN DOE, JANE DOE

Judge

Poley, Julie

Decision/Order Date

2025-09-30

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this non-primary residence holdover, the tenant moved to vacate a two-attorney stipulation of settlement, entered into with prior counsel, which required her to surrender possession. The court denied the tenant's motion, finding no evidence of fraud, collusion, mistake, or accident to invalidate the agreement. The court emphasized that a change of heart or perceived poor bargain by a represented party is insufficient to vacate a duly negotiated stipulation. As a result, the landlord may issue a warrant of eviction against the primary tenant. However, the court granted the co-respondent's motion to dismiss, as the landlord improperly used a "John Doe" pseudonym when the co-respondent's name was known.

Keywords

Tenant’s Motion to Vacate Two-Attorney Stipulation of Settlement Denied; John/Jane Doe Respondent’s Motion to Dismiss for Improper Use of Pseudonym Granted

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