10 SHERIDAN ASSOCIATES LLC v. MONFORT


61 A.D.3d 587 (2009)

878 N.Y.S.2d 24

10 SHERIDAN ASSOCIATES LLC, Appellant, v. JOSE MONFORT, Respondent.

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

Decided April 28, 2009.


The record supports the court's finding that plaintiff's default under the terms of the parties' stipulation of settlement was willful and that therefore, pursuant to an express term of the stipulation, defendant was entitled to recover the attorneys' fees he incurred in restoring the case to the court calendar to enforce the stipulation's terms. Plaintiff purposefully and deliberately failed to apply to the court, as expressly required by the stipulation, for an extension...

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