163 A.D.3d 805
N.Y. App. Div.2018Background
- Landlord (35 Jackson House Apts. Corp.) commenced a summary holdover proceeding against shareholder Monika Yaworski for unauthorized renovations to a co-op unit.
- Parties entered a so‑ordered stipulation requiring Yaworski to hire licensed/insured plumber, electrician, and architect/structural engineer and to provide the landlord, within 30 days, names, licenses, addresses, and proof of insurance for those workers.
- Yaworski missed the 30‑day deadline and failed to provide the required licenses and insurance information despite two extensions from the Civil Court.
- Landlord moved three times, ultimately seeking leave to execute a warrant of eviction; the Civil Court granted that branch of the motion on the third application.
- Appellate Term affirmed the Civil Court; Yaworski sought leave to appeal to the Appellate Division, which affirmed the Appellate Term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to execute a warrant of eviction was proper for breach of a stipulation | Landlord: Yaworski materially breached the stipulation by failing to provide licenses/insurance; eviction warrant appropriate | Yaworski: Enforcement of stipulation is unfair; she should be relieved or given more time | Court: Affirmed eviction leave — failure to provide licenses was a material, non‑de minimis default and not substantial compliance |
| Whether prior extensions and partial steps justify relief from strict enforcement | Landlord: Extensions had been granted; continued noncompliance supports enforcement | Yaworski: Extensions and any partial compliance justify equitable relief from strict enforcement | Court: Extensions were already given; continued failure to supply licenses/insurance defeated claim of substantial compliance |
| Standard for relieving a party from a stipulation | Landlord: Stipulations should be enforced absent extraordinary cause | Yaworski: Equitable relief available where enforcement is unjust or default trivial | Court: Relief available only for causes like fraud, mistake, or where default is de minimis or there is substantial compliance; those conditions not met here |
Key Cases Cited
- Hallock v. State of New York, 64 N.Y.2d 224 (1984) (stipulations favored; relief granted only for cause such as fraud, mistake, accident)
- Caroli v. Allstate Ins. Co., 100 A.D.3d 941 (2012) (courts generally enforce stipulations)
- Weitz v. Murphy, 241 A.D.2d 547 (1997) (equitable relief from stipulations limited to narrow circumstances)
- Bank of N.Y. v. Forlini, 220 A.D.2d 377 (1995) (noting high bar to relieve parties from stipulations)