The following excerpt is from E. Harlem Pilot Block HDFC, Inc. v. Green, 41 N.Y.S.3d 449 (Table) (N.Y. App. Term 2016):
In light of these particular circumstances, we favorably exercise our discretion and grant tenant's motion. Given tenant's intellectual and emotional maladies, and unrepresented status, the stipulation terminating his tenancy in a building he resided in for most of his life should not be permitted to stand. Good cause to vacate the stipulation is demonstrated where, as here, it appears that a party has inadvertently, inadvisably or improvidently entered into an agreement which will take the case out of the due and ordinary course of proceeding in the action, and in so doing may work to his prejudice (Matter of Frutiger, 29 N.Y.2d 143, 150 [1971] ; see BML Realty Group v. Samuels, 15 Misc.3d 30 [2007] ).
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