NIEBORAK v. W54-7 LLC

Index No. 157084/14. Appeal No. 15447. Case No. 2021-00706.

203 A.D.3d 439 (2022)

163 N.Y.S.3d 526

2022 NY Slip Op 01397

Stefan Nieborak et al., Respondents, v. W54-7 LLC, Appellant.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Kucker Marino Winiarsky & Bittens, LLP, New York ( Eric R. McAvey of counsel), for appellant.

Rozen Law Group, New York ( Jennifer A. Rozen of counsel), for respondents.

Concur—Renwick, Gesmer, Moulton, Rodriguez, Pitt, JJ.


"Stipulations of settlement are favored by the courts and not lightly cast aside. This is all the more so in the case of `open court' stipulations within CPLR 2104, where strict enforcement not only serves the interest of efficient dispute resolution but also is essential to the management of court calendars and integrity of the litigation process" (Hallock v State of New York, 64 N.Y.2d 224, 230 [1984] [citations omitted]).

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