45-48 47th Street Corp. v. Murphy

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, tenant’s motion to vacate the stipulation of settlement and the final judgment entered pursuant thereto is granted, and the matter is remitted to the Civil Court for all further proceedings.

It is noted at the outset that, contrary to the argument advanced by landlord in its respondent’s brief, this appeal was properly perfected (see CCA 1704 [b]). While landlord contends that the appeal should be deemed abandoned because tenant failed to settle the transcript, the record does not reflect that any testimony was…