Judge Marc Finkelstein
The court noted this holdover action of a rent stabilized tenant, Burda, was based solely on the tenant's alleged failure to provide access for extermination for bedbugs. On the very first court date in November 2009, tenant appeared pro se and entered into a so-ordered stipulation granting landlord a final judgment of possession and agreeing to vacate by September 2012. Burda's counsel appeared in 2012 seeking to vacate the 2009 stipulation and deeming the tenancy restored. The court noted the vacatur motion was brought three years after the stipulation was signed, and after the date on which tenant agreed to vacate. Yet, it found the sole basis for the holdover proceeding was landlord's allegation Burda refused access for extermination of the premises for bedbugs in this long term rent stabilized tenancy of a senior citizen. The court ruled while stipulations should not be lightly disturbed, good cause for granting such relief was not only limited to fraud or duress. It concluded it should exercise its discretion to set aside the stipulation finding it was unduly harsh and one-sided, signed inadvertently, improvidently and worked a severe prejudice and detriment to tenant. Hence, Burda's motion to vacate the stipulation was granted.
