Legal Opinion

Harris v. Yuan

Civil Court of the City of New York

Decided March 19, 1993PublishedCited by 2 opinions

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

  1. 300 West Realty Co. v. WoodCivil Court of the City of New York · 1971
  2. Albany v. WhiteCivil Court of the City of New York · 1965
  3. 300 West Realty Co. v. WoodAppellate Terms of the Supreme Court of New York · 1972
  4. Halpern v. BargansAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by2 opinions

  1. Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
  2. 1250, LLC v. AugustinAppellate Terms of the Supreme Court of New York · 2016

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