Ruppert House Co. v. Altmann, 127 Misc. 2d 115 (1985)

It should not be forgotten, however, that stipulations are treated as contracts between parties and that in order to promote the public policy of encouraging parties to resolve their disputes, stipulations will ordinarily be enforced by the courts. Thus a “ ‘stipulation will not be destroyed without a showing of good cause therefor, such as fraud, collusion, mistake, accident, or some other ground of the same nature’.” (Matter of Frutiger, 29 NY2d 143, 150 [1971].) Here, however, this stipulation collides head-on with a countervailing public policy that promotes the assertion of a defense based upon the warranty of habitability in appropriate circumstances. In an era of scarce rental housing, public policy tips in favor of encouraging the effective use of this tenant’s right. I am therefore justified in departing from the general rule which requires a court to enforce the terms of a stipulation as written. (See generally, Matter of Frutiger, supra; Comity Realty Corp. v Peterson, 118 Misc 2d 796 [Civ Ct, NY County 1983].)