Bernstein v Elinor

[*1] Bernstein v Elinor 2004 NY Slip Op 51632(U) Decided on December 15, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 15, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2004-619 K C

MOSHE BERNSTEIN, Appellant,

against

OSNER ELINOR and GUILDA ELINOR and ELINOR DRIVING SCHOOL, Respondents.

Appeal by plaintiff from an order of the Civil Court, Kings County (S. Krauss, J.), dated November 19, 2003, dismissing the action and from so much of an order of the same court, entered on March 2, 2004, granting plaintiff's motion to reargue, as, upon reargument, denied vacatur of the order dismissing his action.

Appeal from order dated November 19, 2003 unanimously dismissed.

Order entered March 2, 2004 unanimously affirmed without costs.

No appeal as of right lies from the order dated November 19, 2003 since it did not decide a motion made on notice (CCA 1702 [a] [2]).

In the prior commercial holdover proceeding, commenced by the plaintiff herein against the instant defendants, the parties entered into a stipulation of settlement which dismissed the petition, seeking possession, rent and use and occupancy, as well as the counterclaim interposed therein with prejudice. Plaintiff failed to reserve his rights to commence the instant action seeking the same rent and/or use and occupancy. Strict enforcement of stipulations of settlement serves the interest of efficient dispute resolution and ensures finality in the litigation process (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). Plaintiff's piecemeal approach to litigation is antithetical to the desired goals of the stipulation entered into between the parties.
Decision Date: December 15, 2004