MH Residential 1, LLC v. Barrett, 41 Misc. 3d 24 (2013)

In the unusual procedural posture of this case, and giving proper effect to the parties’ post-order stipulation agreeing that appellants were “precluded from prosecuting [their] affirmative defense of retaliatory eviction” by reason of the court’s discovery order and reserving appellants’ right to appeal from that order and any ensuing judgments, we are compelled to vacate the final judgments subsequently issued in petitioners’ favor following a truncated trial that consisted solely of the submission of the pleadings and the aforementioned stipulation. Shulman, J.E, Hunter, Jr., and Torres, JJ, concur.