Klugherz v. Sutphin Food Shop, Inc.

Memorandum. Order modified by providing that the denial of tenant’s motion be without prejudice to the institution of a plenary suit by tenant, if it be so advised; as so modified, affirmed without costs.

In this nonpayment summary proceeding, the parties en*263tered into a stipulation of settlement and a final judgment was entered thereon. Thereafter, landlord obtained a warrant of eviction based upon tenant’s noncompliance with the stipulation. An order to show cause staying all proceedings was obtained by tenant in connection with its motion to stay the execution of the warrant of eviction and…