MATTER OF 1420 CONCOURSE CORP. v. Cruz

OPINION OF THE COURT

Memorandum.

The appeal from the order of the Appellate Division should be dismissed, with costs to respondent.

In this landlord-tenant proceeding, respondent tenant has recovered a substantial sum from the landlord as damages for breach of a stipulation, entered to settle prior litigation between the parties, which obligated the landlord to correct certain unsafe and unhealthy conditions in the demised premises. The Appellate Division affirmed that judgment and, upon application by the landlord, it granted leave to appeal to this court on a certified question.…