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FRANCO v. SKY EAST, LLC

Index No. 152032/18. Appeal No. 15804. Case No. 2021-02126.

204 A.D.3d 566 (2022)

165 N.Y.S.3d 296

2022 NY Slip Op 02756

Carlos A. Franco, Appellant, v. Sky East, LLC, Respondent.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Law Offices of Karim H. Kamal, New York ( Karim H. Kamal of counsel), for appellant.

Rose & Rose, New York ( James E. Bayley of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

Each party sought sanctions for the other's violation of the terms of their stipulation of settlement dated August 7, 2018. Plaintiff tenant (tenant) had violated the provision in which he agreed not to file any further motions, and both parties had violated the provision in which they agreed to "bear their own atty [sic] fees."

While we ordinarily defer to the motion court in determining whether to award sanctions (22 NYCRR 130-1.1[a]), we find

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