Civil Court of the City of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Lennox and Pennamon, et al
Ortiz, Frances A.
Post-judgment Motion by Tenant, Cross-motion by Landlord
Motion Granted for Tenant
Tenant Substantially Won
Tenants moved to find the landlord in contempt of a so-ordered stipulation that mandated that the landlord use the rent money that tenants gave them to pay Con Edison and restore the cooking gas. Landlord cross-moved to vacate the stipulation based on unilateral and/or mutual mistake and claimed that the parties were mistaken as to the total amount of money owed to Con Edison. Tenant and landlord jointly moved to join Con Edison as a third-party respondent. The Court denied the landlord’s motion to vacate the stipulation and found that they did not prove any of the elements of unilateral or mutual mistake. The Court granted the tenant’s motion for contempt to the extent of setting the matter down for an evidentiary hearing. The Court granted the parties joint request to join Con Edison as a third-party respondent to the case.
"Regtoumda Aminata v. Lennox" (2021). All Decisions. 43.