ABJ 105 LLC v. Ramos

Abstract

The landlord commenced four holdover proceedings based on allegations of license termination. The parties, represented by counsel, settled the cases via stipulations recognizing the tenants as Rent-Stabilized and setting rents. The landlord moved to vacate the stipulations, claiming its attorney lacked authority due to law office failure and miscommunication, a unilateral mistake. Tenants cross-moved for sanctions. The court denied the landlord\u27s motion, finding insufficient cause to vacate the settlement, emphasizing that a unilateral mistake by the attorney, absent mutual mistake or fraud by the other party, is not grounds for vacatur. The court also denied the tenants\u27 motion for sanctions, finding the landlord\u27s arguments, though unpersuasive, were colorable