Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-324284-23/BX
Slip Opinion Number
2026 NY Slip Op 50751(U)
Petitioner
West Farms Estates Co.
Respondent
Nora Miranda
Judge
Donoghue, Elizabeth
Decision/Order Date
2026-05-18
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
In this non-payment proceeding, the tenant sought to vacate a two-attorney stipulation of settlement, alleging unconscionability and improper calculation of arrears after losing her Project Based Section 8 subsidy for refusing to downsize. The court denied the tenant's post-judgment motion, emphasizing the high standard to vacate a two-attorney stipulation. It found the tenant failed to prove unconscionability, as both parties were aware of the rent increase due to her refusal to downsize, and she had waived defenses by settling. The court upheld the stipulation and denied vacatur, granting the landlord a substantial win.
Keywords
Vacatur of Two-Attorney Stipulation Denied; Respondent Failed to Meet the “High Burden”; Tenant Waived Defenses by Settling Proceeding
Recommended Citation
"West Farms Estates Co. v. Miranda" (2026). All Decisions. 2216.
https://ir.lawnet.fordham.edu/housing_court_all/2216
