Harris v. Yuan
Civil Court of the City of New York
1Opinion of the Court
*360OPINION OF THE COURT
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 infra, I hold that the extant judgment has nullified the relationship of landlord and tenant and ousted the court of jurisdiction to award such relief, which the parties…
2Cases cited4 opinions
- 300 West Realty Co. v. WoodCivil Court of the City of New York · 1971
- Albany v. WhiteCivil Court of the City of New York · 1965
- 300 West Realty Co. v. WoodAppellate Terms of the Supreme Court of New York · 1972
- Halpern v. BargansAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by2 opinions
- Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
- 1250, LLC v. AugustinAppellate Terms of the Supreme Court of New York · 2016