Decisions of Interest
Hotel Cameron, Inc, v. Purcell
In this case we represented the landlord who terminated a tenancy and filed a nuisance holdover proceeding against a rent-stabilized tenant. The parties entered into a Stipulation of Settlement in which the tenant was placed on probation and agreed not to engage in certain acts. Based upon a breach of the stipulation, the landlord served a Notice of Default and a Marshal's Eviction Notice. The tenant bought an Order to Show Cause to stop the eviction, claiming he did not violate the terms of the agreement. The Honorable Peter M. Wendt conducted a hearing to determine whether there was a breach. Having determined that a breach had occurred, the Court ordered the tenant evicted pursuant to the terms of the agreement.
The tenant appealed, and the Appellate Term reversed the trial court, indicating that the breach was"de minimus". Hotel Cameron, Inc. v. Purcell, 9 Misc. 3d 801 NYS. 2d 685 (APP. T 2005).
We appealed to the Appellate Division, which reversed the Appellate Term ruling that Court-Ordered stipulations should be enforced by the court otherwise there landlord‘s would be discouraged from resolving housing court matters thought stipulations of settlement. 35 AD3d 153, 827 NYS 2d 13 (App Div 1st, 2006)