90TH ST. CORP. v. 203 W. 90TH ST. RETAIL, LLC

654532/16. Appeal. No. 12041. Case No. 2019-04761.

187 A.D.3d 497 (2020)

130 N.Y.S.3d 310

2020 NY Slip Op 05674

90th Street Corp., Appellant-Respondent, v. 203 West 90th Street Retail, LLC, Respondent-Appellant.

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

Decided October 13, 2020.


The motion court properly dismissed plaintiff-tenant's only cause of action, for the return of its security deposit from defendant-landlord under the terms of the stipulation of settlement of the nonpayment proceeding. "Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved from the consequences of a stipulation made during litigation" (Hallock v State of New York, 64 N...

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