DiCarlo v. Beacway Operating, LLC

Appellate Division of the Supreme Court of New York

DiCarlo v. Beacway Operating, LLC

89 A.D.3d 555, 932 N.Y.2d 697

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 2011·Published

Opinion

[556] Dismissal 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.

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[556] Dismissal 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.

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

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Opinion

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