Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-01-21
Original Source: https://www.courtlistener.com/opinion/4849318/matter-of-cabrera-v-humphrey/ ↗

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Nevertheless, Supreme Court erred in ordering enforcement of the warrant of eviction. Parties are generally bound by their freely-negotiated stipulations (see Halstead v Fournia, 160 AD3d 1178, 1180 [2018]); respondent is not arguing otherwise. Respondent, through counsel, asserted before Supreme Court that she was not trying to disturb the valid settlement agreement or "modify the validly signed [w]arrant of [e]viction," and that the only issue was whether the warrant could be enforced under the law at that time. Essentially, respondent argues that, despite having agreed on September 17, 2020 to vacate the premises by October 2, 2020 or be subject to a warrant of eviction, changes in the law prior to the October 20, 2020 appearance prohibited the court from enforcing the warrant. None of the recent executive orders or administrative orders placing limits on evictions differentiates the outcome based on how the warrant of eviction was obtained (i.e., after a contested trial, by default or by agreement). Hence, we must look at the recent changes in the law to see if they barred Supreme Court from ordering enforcement of the warrant.

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