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EAST HARLEM PILOT BLOCK HDFC, INC., pet-land-res, v. KEITH GREEN, res-tent-app

16-200. EAST HARLEM PILOT BLOCK HDFC, INC., pet-land-res, v. KEITH GREEN, res-tent-app — Order (Leticia M. Ramirez, J.), entered November 16, 2015, reversed, with $10 costs, motion granted, stipulation, final judgment and prior default final judgment vacated, and matter remanded to Civil Court for further proceedings.

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16-200. EAST HARLEM PILOT BLOCK HDFC, INC., pet-land-res, v. KEITH GREEN, res-tent-app — Order (Leticia M. Ramirez, J.), entered November 16, 2015, reversed, with $10 costs, motion granted, stipulation, final judgment and prior default final judgment vacated, and matter remanded to Civil Court for further proceedings.

A default final judgment was entered against the unrepresented tenant when he failed to appear on the scheduled, April 7, 2015, trial date in this nuisance holdover proceeding. Upon tenant’s order to show cause, a stipulation was executed that provided for vacatur of the prior default final judgment, and for entry of a new final judgment in favor of landlord, with a stay of execution of the warrant of eviction until August 31, 2015. Tenant, while still unrepresented, executed a second stipulation on July 19, 2015, which provided for an earlier execution of the warrant of eviction if he failed to make certain use and occupancy payments. Tenant subsequently retained counsel and moved to vacate the stipulations and prior default judgment, submitting evidence that he, though 20 years of age, still attends high school because he suffers from several specified intellectual and emotional disabilities that may have affected his ability to make a thoughtful and informed decision as to how to proceed in this matter, as well as evidence tending to show that he has ceased the conduct underlying the nuisance allegations.

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