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Wilton Estates, Inc. v Kang
2006 NY Slip Op 50666(U) [11 Misc 3d 140(A)]
Decided on April 19, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 19, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


PRESENT: DAVIS, J.P., SCHOENFELD, J.

Wilton Estates, Inc., Petitioner-Landlord-Appellant,No. 570403/05

against

Paul Kang, Respondent-Tenant-Respondent.


Landlord appeals from an order of the Civil Court, New York County (Joseph E. Capella, J.), dated May 12, 2005, which denied its motion to vacate a stipulation and granted tenant's motion for attorneys' fees in consolidated holdover summary proceedings.


PER CURIAM:

Order (Joseph E. Capella, J.), dated May 12, 2005, affirmed, with $10 costs.

Landlord's motion to set aside the parties' stipulation discontinuing "with prejudice" the holdover proceedings was properly denied in the absence of a showing of good cause or an ambiguity indicating that it did not fully and accurately represent the parties' agreement (see McCoy v Feinman, 99 NY2d 295, 302 [2002]). The stipulation, negotiated by counsel, expressly reserved the parties' respective rights to maintain monetary claims, which, reasonably construed in accordance with contract principles, includes tenant's claim for attorneys' fees.

We have considered landlord's remaining arguments and find them unavailing.

This constitutes the decision and order of the court.
Decision Date: April 19, 2006