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Judge Jack Stoller

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Petitioner landlord sought a money judgment and possession against the 83-year-old respondent tenant in this summary proceeding arguing nonpayment of rent. It obtained a final judgment against respondent by stipulation. Respondent now moved to vacate a warrant of eviction noting he had all the arrears owed to date. The court opined if law of the case barred respondent’s relief. The court noted respondent was previously pro se at the time the court entered its orders denying his prior motions, and this was the first motion made by respondent’s counsel. Thus, it concluded law of the case did not preclude the relief respondent sought, considering the motion anew. The court stated in balancing the equities, preserving a 40-year rent-stabilized tenancy, of an elderly, disabled veteran and Adult Protective Services client overwhelmed what remained of petitioner’s grievances on the current facts on this instant motion. Therefore, the court stayed execution of the warrant for respondent to pay the nearly $35,000 that respondent’s counsel was holding to petitioner, representing all rent respondent owed through Feb. 29, 2016, conditioned on respondent already paying nearly $2,100 to petitioner, as the court previously ordered.