Home/Appellate Division of the Supreme Court of New York/DiCarlo v. Beacway Operating, LLC

DiCarlo v. Beacway Operating, LLC

89 A.D.3d 555, 932 N.Y.2d 697
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 17, 2011
StatusPublished

This text of 89 A.D.3d 555 (DiCarlo v. Beacway Operating, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiCarlo v. Beacway Operating, LLC, 89 A.D.3d 555, 932 N.Y.2d 697 (N.Y. Ct. App. 2011).

Opinion

[556]*556Dismissal of the complaint was warranted. The plain terms of a prior stipulation of settlement in defendant’s nonpayment proceeding resolved all grievances between the parties, including plaintiff s counterclaim of harmful mold exposure while she was a tenant in defendant’s apartment (see Matter of Matinzi v Joy, 96 AD2d 780, 781 [1983], affd 60 NY2d 835 [1983]).

The evidence presented by plaintiff on the motion to renew did not warrant a different result.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matinzi v. Joy
458 N.E.2d 372 (New York Court of Appeals, 1983)
Matinzi v. Joy
96 A.D.2d 780 (Appellate Division of the Supreme Court of New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
89 A.D.3d 555, 932 N.Y.2d 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dicarlo-v-beacway-operating-llc-nyappdiv-2011.