98 A.D.2d 697 | N.Y. App. Div. | 1983
— In a holdover proceeding to recover possession of an apartment, Birchwood Towers #1 Associates appeals (by permission) and Arthur Haber and Jean Haber cross-appeal (by permission) from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated August 5, 1982, which reversed an order of the Civil Court, Queens County (Harbater, J.), dated October 28,1981, which, inter alia, denied Arthur and Jean Haber’s motion to vacate a stipulation of settlement awarding possession of the premises to Birchwood Towers #1 Associates, and granted the Habers’ motion to vacate the stipulation of settlement. Cross appeal dismissed, without costs or disbursements. The Habers are not aggrieved by the order appealed from (CPLR 5511). On Birchwood Towers #1 Associates’ appeal, order reversed, on the law, without costs or disbursements, and the order of the Civil Court, Queens County, dated October 28, 1981, reinstated insofar as it denied the Habers’ motion to vacate the stipulation of settlement. The stay of issuance of the warrant of eviction is
Effective June 30, 1980, former section 352-eeee of the General Business Law (L 1979, ch 432, § 2) was amended to provide, inter alia, an increase in the income limitation to $50,000 (L 1980, ch 754, § 2). Effective July 21, 1982, former section 352-eeee of the General Business Law was repealed and replaced with a new section deleting, inter alia, the income limitation (L 1982, ch 555, § 2). However, the 1979 statute governs all times relevant to this proceeding (L 1980, ch 754, §-4; L 1982, ch 555, § 10).