288/98 West End Tenants Corp. v. Mosesson

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered on or about January 22, 1988, which denied defendant-appellant’s motion to enforce the stipulation of settlement entered December 24, 1986, unanimously reversed, on the law, and the matter remanded for a hearing, without costs.

Supreme Court erred by not holding a fact-finding hearing to resolve the issues raised by appellant’s CPLR 2104 motion for an order enforcing the provisions of a stipulation of settlement entered December 24, 1986. Pursuant to the stipulation, plaintiff-respondent undertook to make certain…