Matter of Embassy House Eat LLC v. Dyan P

Order, Supreme Court, New York County (Andrea Masley, J.), entered August 12, 2016, which granted respondent tenant’s motion to vacate a so-ordered stipulation, dated May 16, 2014, and the resulting judgment of possession and warrant of eviction, unanimously affirmed, without costs.

The record supports the motion court’s finding that respondent lacked the capacity to enter into the stipulation and thus showed good cause to vacate it (see Matter of Frutiger, 29 NY2d 143, 150 [1971]; Matter of New York City Hous. Auth. v Jackson, 48 AD3d 818, 819 [2d Dept 2008]; Genesis Holding, LLC v Watson, 5…