Appellate Division of the Supreme Court of New York, 2011

DiCarlo v. Beacway Operating, LLC

DiCarlo v. Beacway Operating, LLC
Appellate Division of the Supreme Court of New York · Decided November 17, 2011
89 A.D.3d 555; 932 N.Y.2d 697
DiCarlo v. Beacway Operating, LLC

Opinion of the Court

*556Dismissal of the complaint was warranted. The plain terms of a prior stipulation of settlement in defendant’s nonpayment proceeding resolved all grievances between the parties, including plaintiff s counterclaim of harmful mold exposure while she was a tenant in defendant’s apartment (see Matter of Matinzi v Joy, 96 AD2d 780, 781 [1983], affd 60 NY2d 835 [1983]).

The evidence presented by plaintiff on the motion to renew did not warrant a different result.

We have considered plaintiffs remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.

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