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DUNHAM v. WEISSMAN

252 A.D.2d 456 (1998)

675 N.Y.S.2d 602

Edda Dunham, Respondent-Appellant, v. Alan B. Weissman, Appellant-Respondent and Third-Party Plaintiff-Appellant-Respondent, et al., Defendant. Toa Construction Co., Inc., et al., Third-Party Defendants-Respondents-Appellants. (And a Fourth-Party Action.)

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

July 23, 1998

Plaintiff was a tenant against whom the Weissmans commenced a holdover proceeding. This proceeding was settled by a stipulation in which the tenant accepted a sum of $10,000 in return for surrendering possession of the apartment in the building. In the stipulation, defendant Weissman agreed to pay a sum equal to the amount received by any other tenants to the extent it was over $10,000 for surrender of possession. Thereafter, defendants...

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