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ML 1188 Grand Concourse LLC v. Sha

Dismissal of Petition, Stipulation Did Not Permit Restoration of Case for Tenant's Default

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of Petitioner’s motion to restore case to calendar for a judgment and for other relief: Papers  Numbered Notice of Motion With Supporting Affidavit & Exhibits A-B           1 Affirmation in Opposition & Exhibits A-D        2 DECISION & ORDER PROCEDURAL HISTORY   This is a Nonpayment Proceeding which first appeared on the calendar in Resolution Part E on January 19, 2018. After numerous adjournments and unsuccessful settlement negotiations between the parties and their respective counsel, the case proceeded to trial on November 14 and December 6, 2018. By Decision and Order dated March 28, 2019 the Court granted Respondent’s motion for judgment as a matter of law pursuant to CPLR §4401, dismissed the Petition and adjourned the case to May 14, 2019 for a hearing on Respondent’s counterclaims. On May 14, 2019, the parties through their respective counsel entered into a Stipulation of Settlement with the following provisions:

1 — Petitioner’s allegation that Respondent owes rent arrears of $23,460.33 through May 31, 2019.

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