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SIMONS v. MILLER

272 A.D.2d 239 (2000)

708 N.Y.S.2d 383

DAVID SIMONS, Appellant, v. MARY MILLER et al., Respondents.

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

Decided May 25, 2000.

The so-ordered stipulation between plaintiff and defendant Miller was clear and unambiguous and, as such, was properly interpreted by the motion court (see, Teitelbaum Holdings v Gold, 48 N.Y.2d 51, 56). The stipulation provided that "[defendant Miller] had the right to manage the apartment as [she] wishe[d] including the right to sell [it] until & unless plaintiff pays the $15,000." As the motion court found, defendant Miller...

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