Case Type

7A/HP Action

Housing Type

See Decision

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

14518-2017/NY

Petitioner

Regtoumda, Aminata

Respondent

Lennox and Pennamon, et al

Judge

Ortiz, Frances A.

Decision/Order Date

2021-07-13

Posture

Post-judgment Motion by Tenant, Cross-motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

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.

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