222 East 12 Realty v. Yuk Kwan So

I respectfully dissent and vote to reverse, as landlord failed to establish that tenant breached the terms of the parties’ settlement stipulation. As recently stated by this court, “[s]trict enforcement of the parties’ stipulation ... is warranted [here] based upon the principle that the parties to a civil dispute are free to chart their own litigation course” (Trio 90 LLC v Williamson, 53 Misc 3d 149[A], 2016 NY Slip Op 51647[U], *1 [App Term, 1st Dept 2016], citing Mill Rock Plaza Assoc. v Lively, 224 AD2d 301 [1996]).

The stipulation at issue provides, in pertinent part:

“Without admitting the…