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Chillo v. Lopez
No full textIn this Nonpayment case, the court granted the tenant\u27s motion to vacate a pro se stipulation entered into during litigation. The stipulation was vacated because the court found that the tenant, who was unrepresented at the time, entered into it improvidently. The petition filed by the landlord was defective as it alleged inconsistent facts regarding the regulatory status of the apartment, which formed a viable defense for the tenant. As a result, the court vacated the stipulation and returned the parties to their original positions, setting aside the judgment and warrant. The proceeding was adjourned for further motions, and the tenant was given the opportunity to file an answer
89-21 153 LLC v. Rosario
No full textIn this holdover-non-primary residence case, the landlord initiated the proceeding due to the tenant\u27s failure to renew her lease. A stipulation was reached with one of the respondents, Andres Cardona, regarding use and occupancy payments pending DHCR\u27s determination on Cardona\u27s succession claim. DHCR subsequently directed the landlord to offer Cardona a renewal lease. Despite legal actions taken by the landlord, including a petition for administrative review and an Article 78 proceeding, the court upheld DHCR\u27s decision. The landlord sought unpaid use and occupancy for a period after DHCR\u27s determination, but the court ruled in favor of the tenant, stating that the landlord\u27s remedy was a claim for rent rather than use and occupancy. Consequently, the cross-motion to dismiss the case was granted, and the motion was denied as moot. The tenant substantially won the case, and the court\u27s decision resulted in the case being dismissed
