Judge Diane E. Lutwak

Landlord sought rent arrears in this nonpayment proceeding, and the parties settled the case in a stipulation of settlement providing petitioner with a possessory and monetary judgment. Tenant brought a third order to show case seeking vacatur of the judgment and warrant, and dismissal of the petition, arguing landlord divested itself of title to the premises, and the new owner did not seek leave to be substituted as petitioner under CPLR 1018. Petitioner argued tenant provided no legal basis to vacate the monetary judgment it obtained while the rightful owner of the premises. The court agreed, finding none of the cases tenant cited were on point, nor warranted vacatur of petitioner's monetary judgment. It stated while landlord conveyed the premises and no longer had a right to recover possession nor had standing to enforce a judgment of possession by executing a warrant of eviction, the monetary judgment issued to petitioner remained intact. Thus, to ensure the enforceability of the judgment of possession, the court exercised its discretion to stay execution of the possessory judgment under CPLR 2201, and to permanently vacate the warrant of eviction. Tenant's motion was granted permanently staying execution of the possessory judgment and vacating the eviction warrant.