Yuko Nii v. Quinn

OPINION OF THE COURT

Memorandum.

Order unanimously modified by granting tenant’s motion to vacate the stipulation of settlement to the extent of striking the provisions thereof relating to the tenant’s payment of use *822and occupancy, and landlord’s entitlement to enter a money judgment; as so modified, affirmed without costs.

In this residential holdover proceeding, landlord does not dispute that the premises is registered as a multiple dwelling governed by certificate of occupancy requirements (Multiple Dwelling Law § 4 [7]). Under the circumstances, tenant’s residential use of a commercial…