PARTNERSHIP 92 v. DOBROLOWICZ


10 Misc.3d 23 (2005)

806 N.Y.S.2d 329

PARTNERSHIP 92 WEST, L.P., Respondent, v. EVA BOGUSHAWA DOBROLOWICZ, Appellant.

Supreme Court, Appellate Term, First Department.

October 21, 2005.


Attorney(s) appearing for the Case

John Patrick Rudden, New York City, for appellant.

Lawrence P. Wolf, Chappaqua, and Livoti, Bernstein & Moraco, P.C., New York City (Robert F. Moraco of counsel), for respondent.

GANGEL-JACOB and SCHOENFELD, JJ., concur; SUAREZ, P.J., dissents in a separate memorandum.


OPINION OF THE COURT

Per Curiam.

Order dated July 28, 2004 affirmed, with $10 costs.

We agree that the reservation of rights provision contained in the parties' March 11, 1999 settlement stipulation contemplated the institution of an independent, plenary action in the event that tenant chose to pursue the counterclaims asserted by her in the underlying summary eviction proceeding settled by the stipulation...

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