Partnership 92 West v. Dobrolowicz

OPINION OF THE COURT

Order dated July 28, 2004 affirmed, with $10 costs.

We agree that the reservation of rights provision contained in the parties’ March 11, 1999 settlement stipulation contemplated the institution of an independent, plenary action in the event that tenant chose to pursue the counterclaims asserted by her in the underlying summary eviction proceeding settled by the stipulation. Having followed that precise course by commencing a Supreme Court action mirroring the allegations of the earlier Civil Court counterclaims (an action ultimately dismissed on statute of limitations…