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Majestic Prop. LLC v. Solymannia

Tenant's Overcharge Defense Time-Barred; No Grounds to Vacate Stipulation

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Recitation, as required by CPLR section 2219(a), of the papers considered in the review of this motion to vacate the stipulation of April 24, 2017 and for further relief:Papers NumberedOrder to show cause, affidavit and exhibits annexed         1Opposition  2DECISION/ORDER AFTER ARGUMENT

*1  Petitioner commenced this summary holdover proceeding in March 2017 seeking possession of the premises located at 79-25 150th Street, Apt. C-15, Flushing, NY 11367 (the “subject premises”). Petitioner terminated respondent’s tenancy due to respondent’s failure to sign a renewal lease pursuant to Rent Stabilization Code 2524.3(f). Respondent appeared pro se and entered into a stipulation dated April 24, 2017, granting petitioner a final judgment of possession and a warrant. The stipulation stayed execution of the warrant six months provided respondent paid arrears to date and use and occupancy. Respondent filed six pro se orders to show cause (“OSC”) disputing the terms of the April 24, 2017 stipulation. Those OSCs were denied.*2

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