Fourth Lenox Terrace Assoc. v. Hawkins

OPINION OF THE COURT

Jack Dubinsky, J.

Petitioner commenced this holdover proceeding on the ground respondent Hawkins, niece of decedent Payne, was not entitled to remain in possession after the death of Payne.

On November 28, 1984, respondent entered into a stipulation consenting to a final judgment of possession in favor of petitioner. Respondent now moves to vacate the stipulation and judgment on the ground Emergency Operational Bulletin 85-1 issued December 10, 1985 by the Division of Housing and Community Renewal (DHCR) entitles her to retain the apartment.

The apartment, 14-U at premises 40…