Legal Opinion
Board of Managers of the Atrium Condominium v. West 79th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2005PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered May 24, 2004, which denied the motion of defendants Downtown Enterprises and Life Night Club and nonparty New Village Gate to set aside a 1999 pretrial stipulation on grounds of duress, unanimously affirmed, with costs.
The stipulation in question was intended to resolve a dispute over late-night noise levels emanating from the night club. Stipulations in settlement of disputes are judicially favored and not lightly set aside (Matter of Guttenplan, 222 AD2d 255 [1995], lv denied 88 NY2d 812 [1996]). Here, defendants failed to…
2Cases cited3 opinions
- People v. MorenoNew York Court of Appeals · 1987
- In re GuttenplanAppellate Division of the Supreme Court of the State of New York · 1995
- Kranitz v. Strober Organization, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Lopez v. MuttanaAppellate Division of the Supreme Court of the State of New York · 2016
- 34 Funding Associates, Inc. v. PollakAppellate Division of the Supreme Court of the State of New York · 2006
- People v. AllenNew York Supreme Court · 2005
- Ct 2525 Beverly, LLC v. TaylorAppellate Terms of the Supreme Court of New York · 2020