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HARVEY 1390 LLC v. BODENHEIM

7648, 1880, 570356/10.

96 A.D.3d 664 (2012)

948 N.Y.S.2d 32

2012 NY Slip Op 5116

HARVEY 1390 LLC et al., Respondents, v. MATTHEW BODENHEIM, Respondent, and JOHN CASSARINO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

June 26, 2012.

Although enforcement of stipulations of settlement is favored (Chelsea 19 Assoc. v James, 67 A.D.3d 601, 602 [2009]), a court always retains the power to vacate a warrant of eviction prior to its execution for "good cause shown" (RPAPL 749 [3]; see Matter of Brusco v Braun, 84 N.Y.2d 674, 682 [1994]; 102-116 Eighth Ave. Assoc. v Oyola, 299 A.D.2d 296

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