Case Type

Holdover-Nuisance

Housing Type

Other

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-306887-24/KI

Petitioner

CHESTNUT COMMONS APARTMENTS LLC

Respondent

ALEXANDRIA S. KEYS

Judge

Basu, Shantonu J.

Decision/Order Date

2026-04-07

Posture

Post-judgment Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court granted respondent's motion to vacate a two-attorney stipulation of settlement in which the tenant had agreed to vacate, finding that the landlord's subsequent offer of a lease renewal—which the tenant signed and under which the tenant paid rent—reinstated the tenancy and vitiated the prior notice of termination. Court found good cause under RPAPL § 749(3) to vacate the judgment and warrant and dismiss the proceeding, holding that the lease renewal offer would cause a reasonable person to doubt the finality of the notice of termination.

Keywords

Nuisance Holdover; Two-Attorney Stipulation Vacated; Lease Renewal Offered After Stipulation; Tenancy Reinstated; Notice Of Termination Vitiated; RPAPL § 749(3); Good Cause To Vacate Warrant

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