HARRIS v. YUAN


157 Misc.2d 359 (1993)

597 N.Y.S.2d 262

Arlene Harris et al., Petitioners, v. Victor C.T. Yuan, Also Known as Ching Kun Yuan, et al., Respondents.

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

March 19, 1993


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Melissa G. Ephron of counsel), for petitioners. Sidney A. Weisberg, Great Neck, for respondents.


LOUIS B. YORK, J.

This motion presents a novel question in this summary proceeding: Whether after a judgment of possession has been entered and the execution of the warrant has resulted in an eviction, the landlord, relying on a stipulation ostensibly settling the case prior to the eviction, can obtain a second judgment for rent owed beyond that in the judgment as agreed to in the stipulation. As explained...

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