230 Park Avenue Holdco, LLC v. Kurzman Karelsen & Frank, LLP

Sweeny, J.E, and DeGrasse, J.,

dissent in part in a memorandum by DeGrasse, J., as follows: I dissent because plaintiff’s motion for summary judgment should have been granted to the further extent of dismissing the third affirmative defense by which defendants assert that plaintiff breached an August 22, 2011 stipulation settling a summary proceeding between plaintiff and defendant Kurzman Karelson & Frank, LLF (Kurz*479man). For reasons set forth below, I submit that the majority misconstrues the stipulation.

Plaintiff brings this action to recover rent and attorneys’ fees due under a commercial…