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Legall v. WE 2299 ACP LLC

No Valid Basis Found to Set Aside Stipulation's Binding Terms Barring Ex-Tenant's Claims

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 3, 4, 5, 6, 7, 9, 10 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION   In this action plaintiff, Ancil Legall, a former tenant and single room occupant of an apartment in a building owned by defendant, WE 2299 ACP, LLC, seeks to set aside the terms of a court ordered stipulation of settlement entered into on May 1, 2014. In motion sequence number 001, defendants, WE 2299 ACP, LLC, and Weissman Equities, LLC (“defendants”), seek to dismiss the complaint, pursuant to CPLR §3211 (a) (1) (5) and (7), and CPLR §3016 (b), based upon the documentary evidence, res judicata and collateral estoppel grounds, and for failure to state a cause of action and fraud with particularity. Defendants also seek monetary sanctions against plaintiff and his counsel, Ambrose W, Wotorson, Esq., pursuant to 22 NYCRR 130- 1.1(a), for filing and then continuing a frivolous action. Plaintiff opposes the motion. BACKGROUND Plaintiff alleges that he became a tenant in 2005, in a building owned and operated by defendants’ predecessor owners which was designated as a “single-occupancy building with rent-stabilized apartments” and that he resided there for nine years without incident and “without ever having to pay more than $450 a month.” (NYSCEF Doc. No. 1,

8-11). Plaintiff further alleges that in late 2013, “defendants took over ownership and operation of the building” intending “to convert the building from single SRO and/or rent stabilization to luxury apartments and condominiums” and that starting in 2013, defendants “mounted efforts to get plaintiff and others out of the building.” (Id.,

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