244 West 109th Street, LLC v. Diaz

OPINION OF THE COURT

Final judgment, entered on or about January 26, 2009, reversed, with $30 costs, and final judgment awarded to petitioner landlord. Issuance of the warrant of eviction shall be stayed for 30 days from the service of a copy of this order with notice of entry.

The jointly represented respondents, mother and son, effectively waived the succession defense initially interposed on behalf of respondent Tony Diaz by stipulating during discovery that respondent tenant Elizabeth Diaz did not at any time permanently vacate the demised stabilized apartment and actively, albeit…