Elliot Holding Co. LLC v. Gomez
Tenant Granted Vacatur of Stipulation, Underlying Judgment and Warrant
June 13, 2017 at 12:00 AM
2 minute read
Judge Krzysztof Lach
Petitioner sought a money judgment and possession of the rent stabilized premises from tenant Gomez arguing a nonpayment of rent. Gomez entered into a pro se stipulation of settlement granting petitioner a final judgment, but now moved, through counsel, for vacatur of the stipulation arguing she improvidently waived a meritorious rent overcharge defense. Gomez argued petitioner “took numerous unlawful increases” submitting rent registration history documents from DHCR to support her claim. The court noted petitioner's opposition papers did not address or explain any of the increases Gomez noted as “unlawful.” Petitioner's counsel argued the stipulation should be enforced as Gomez was unable to show fraud or overreaching, and argued while Gomez may have properly raised a rent overcharge defense in her pro se answer, she waived any claim or defense she may now have by entering into the stipulation. The court noted petitioner's papers were silent on matters concerning the rent increases, granting Gomez's motion to vacate the stipulation and underlying judgment and warrant. It noted there was no finding she waived her rent overcharge defense, deeming Gomez's proposed answer as served, and filed, granting leave to conduct discovery.
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