In 5576 Realty, LLC v. Bourdeau , 5576 Realty filed a nonpayment proceeding against its tenant, Chantal Bourdeau. When Bourdeau failed to show up for trial, the Kings County Civil Court awarded 5576 Realty possession of her apartment and a money judgment in the amount of $4,524.02.
Bourdeau later filed an order to show cause to vacate the judgment, alleging that the amount sought by her landlord was incorrect and that she was actually entitled to a credit due to a rent overcharge.
A few days later, the parties entered into an agreement which provided the possessory judgment would remain in place, and the eviction stayed for a month, to allow Bourdeau to pay the amount owed.
Bourdeau didn't make the payment and brought another order to show cause alleging 5576 wouldn't give her a lease which was necessary for her to get financial assistance. Although the Civil Court found Bourdeau had received a lease, the judgment was stayed for another 15 days to allow Bourdeau to get financial assistance and remit payment. When Bourdeau failed to meet that deadline, she brought another order to show cause, this time claiming she needed more time to get the money. Although that request was denied by the Civil Court, the Appellate Term, Second Department, granted relief -- based on CPLR 5704(b) -- and the Department of Social Services then paid most of Bourdeau's rent. But the Civil Court ultimately denied her request to vacate the stipulation and judgment because she was unable to pay her share of the rent.
On appeal, the Appellate Term, Second Department, found Bourdeau "repeatedly failed to abide by the terms of the stipulation and did not show an ability to pay her share of the rent, she failed to demonstrate good cause to vacate the warrant."
That Bordeau turned.
To download a copy of the Appellate Term's decision, please use this link: 5576 Realty, LLC v. Bourdeau