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BJW LLC v. Chung

Tenant Granted Vacatur of Surrender Agreement, Judgment and Warrant of Eviction

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Recitation, as required by CPLR 2219(a), of the papers considered in review of: Respondent’s Order to Show Cause:Papers NumberedRespondent’s Pro Se Order to Show Cause       1Petitioner’s Affirmation in Oppostion   2Respondent’s Supplemental Affirmation in support (by counsel)       3Respondent’s Affirmation on RSC §2524.1(c)     4Petitioner’s Memorandum of Law        5DECISION AND ORDER

*1  This proceeding was brought by petitioner as a nonpayment proceeding. The petition claimed arrears of only one month of rent for July 2016 at $1,601.84 and a balance of $301.84 for May 2015. The subject premises is rent stabilized. The respondent is a 71 year-old retiree who lives alone on a fixed and limited income of social security and a pension. She has resided in her Park Slope apartment for 19 years. Respondent moves for an order vacating a post-settlement out-of-court surrender agreement and for an order vacating the judgment and warrant upon payment of the $200 outstanding from the December 8, 2016 stipulation of settlement and all rent due to date. A hearing was held on the motion on December 6, 13, 20 and 27, 2017On December 8, 2016 respondent, appearing pro se, entered into a stipulation of settlement. The stipulation provided for a final judgment of $3,203.68. However, respondent paid $2,101.84 in court on that date, leaving a balance of $1,101.84; less than the monthly rent of $1601.84. The $1,101.84 was to be paid in installments: $400 by 12/31/16, $200 plus current rent by 1/25/17, $300 plus current rent by 2/25/17 and $201.84 plus current rent by 3/25/17. It is undisputed that respondent made all the required current rent and installment payments but for the $200 installment due on 1/25/17 that she had inadvertently missed.

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