23-76 33rd Street Realty Corp. v. Fatma Ebrahim Hassan

(Civ. Ct. Queens Cty. 12/15/98)

We represented: Petitioner

James R. Grayshaw, J.

DECISION and ORDER Respondent Fatma Hassan moves to vacate the stipulation she signed on August 20, 1998 surrendering the apartment at 23-76 33rd Street.

A hearing was held on December 10, 1998. Tape Q6016 (735 – 5830); Q6140 (450 – 827).

Based upon all the evidence adduced at the hearing this court denies the respondent's motion, and the stipulation and judgment stand. There was no fraud, duress or mistake. Further, based upon the respondent's ability to answer direct and cross examination questions on the witness stand, this court finds she had the ability to understand the terms of the stipulation and the court's allocution of that stipulation. Tape Q5507 (4900 – 5210). Further, respondent settled a nuisance holdover proceeding which appears from the evidence to be based upon credible evidence,. and took advantage of the terms of that stipulation for four months. To now come to court to refute the agreement based upon a purported lack of understanding given the evidence of this case as presented at the hearing, would be manifestly unfair to the landlord. See 1420 Concourse Corp. v. Crus, 135 AD2d 371 app dism'd 73 NY2d 868; Hallock v. State, 64NY2d 224.

Petitioner's cross motion for attorney fees is granted to the extent of directing a hearing to be held on June 22, 1999 at 9:30 am, Part D, room 403.

So Ordered.