Tenants Can't Set Aside Stipulation

(Decision submitted by Luise A. Barrack of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenants sued landlord to get repairs at their building. Tenants and landlord entered into a court-approved stipulation. After a number of meetings, attorneys for both sides negotiated a 12-page stipulation. Tenants later asked the court to set aside the stipulation, claiming that landlord hadn't made repairs. The court denied tenants' request. The stipulation detailed how tenants could challenge landlord's claim that the repairs were completed. Tenants didn't comply with, and couldn't bypass, the terms of the stipulation.

Cole v. R. Hendriksen Realty: Index No. 79913/91 (5/4/93) (Civ. Ct. N.Y.; Klein, J) [2-page document]