behind again, she filed her fourth order to show cause resulting in a stipulation staying
execution of the warrant until February 8, 2013 for her payment of $2,245.95 plus
February's rent. Her fifth order to show cause extended her time to pay $773.45, and
execution of the warrant, until February 28, 2013. Landlord served Tenant with another
notice of eviction. She then filed her sixth order to show cause returnable on April 5,
2013, when she signed a stipulation giving her more time to pay the $2,595.35 then
owed. Upon her failure to pay once again, Landlord served a notice of eviction upon
Tenant. June 3, 2013 was the return date of Tenant's seventh order to show cause and she
signed a stipulation extending the stay of the execution of the warrant until June 30, 2013
for her payment of $3,248.07. Another notice of eviction was served upon Tenant
following her failure to become current. Tenant then obtained counsel from the Legal
Aid Society, Bronx Neighborhood Office.
With her eighth Order to Show Cause returnable August 5, 2013, Tenant
now moves for the vacatur of the Final Judgment of Possession and warrant of eviction
as well as all the seven Stipulations of Settlement previously entered into, and for leave
to amend her Answer pursuant to CPLR 3025(b) adding a breach of the warranty of
habitability defense, or, in the alternative, Tenant moves for a further extension of the
stay of the execution of the warrant for her to [*3]become
current with her arrears. Tenant argues that at the time she signed those prior Stipulations
without the assistance of counsel, she was unaware of the allegedly meritorious defense
of the warranty of habitability under Real Property Law § 235(b), available to her to