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McALLAN v. 124-128 WEST 134TH ST. TENANTS ASS'N

227 A.D.2d 352 (1996)

643 N.Y.S.2d 70

Richard McAllan, Appellant, v. 124-128 West 134th Street Tenants Association et al., Respondents

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

May 30, 1996

The record clearly shows that plaintiff stipulated to a dismissal of his cause of action against the Tenants Association, and no reason appears why the stipulation should not be enforced (see, Hallock v State of New York, 64 N.Y.2d 224, 230). The trial court also properly precluded plaintiff from putting in proof of inadequate lighting of the stairs on which he fell. Even if the City did receive notice of the inadequate lighting...

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