COMITY REALTY v. PETERSON


118 Misc.2d 796 (1983)

Comity Realty Corp., Petitioner, v. Mary Peterson, Respondent.

Civil Court of the City of New York, New York County.

April 11, 1983


Attorney(s) appearing for the Case

Kunstler & Bednar for respondent. Fischman & Fischman for petitioner.


DAVID B. SAXE, J.

The issue that I am asked to resolve here is whether a tenant who, as part of a stipulation, has fully paid an amount equal to the stipulated final judgment for rent arrears, may nevertheless, at some later time be evicted from her apartment on the basis of nonpayment of rent which accrued subsequent to the settlement of and was never the subject of the summary proceeding?

The stipulation in issue provided that the respondent...

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