MATTER OF CAROL MGMT. CORP. v. MENDOZA


197 A.D.2d 687 (1993)

602 N.Y.S.2d 941

In the Matter of Carol Management Corp., Appellant, v. Juan Mendoza et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 25, 1993


Ordered that the order is affirmed, with costs to the respondent Juan Mendoza.

We note that, contrary to the conclusion of the Appellate Term, the landlord in this case was not limited to commencing an action to enforce a prior stipulation of the parties as its sole means of seeking redress in this matter. However, the Civil Court properly dismissed the proceeding, since the landlord's allegations regarding chronic nonpayment of rent and repeated resort to legal proceedings...

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