361 East 50th Street LLC v Maureen Lupo

Holding The court affirmed the denial of the tenant’s motion to vacate a stipulation of settlement, finding no abuse of discretion as the tenant failed to show fraud, unconscionability, or inequity. The tenant’s claim that the apartment was rent-stabilized was insufficient to warrant vacatur because she did not challenge the landlord’s evidence of a high-rent vacancy exemption.

The court’s words

We find no abuse of discretion in the denial of tenant's motion to vacate the two-attorney, so-ordered stipulation

2026 NY Slip Op 51411[U], at the official text

Tenant benefitted from the stipulation, since it vacated a default judgment and warrant of eviction

2026 NY Slip Op 51411[U], at the official text

Tenant's contention that the premises, which the nonpayment petition describes as exempt due to high-rent vacancy, are stabilized is insufficient to warrant vacatur

2026 NY Slip Op 51411[U], at the official text

Tenant only relies upon an isolated (2016) registration of the apartment as rent stabilized, which is insufficient by itself

2026 NY Slip Op 51411[U], at the official text

Rent stabilization coverage is a matter of statutory right and cannot be created by waiver or estoppel

2026 NY Slip Op 51411[U], at the official text