Landlord Defaulted on Stipulation

Landlord sued to evict tenants for nonpayment of rent. Landlord and tenants agreed by stipulation in court that tenants would move out and landlord would pay them $1,000. Landlord's check bounced, and tenants asked the court to vacate the stipulation and award them costs, attorney's fees, and sanctions against landlord. The Newburgh City court, Orange County, sanctioned landlord and his attorneys, but didn't give tenants costs or attorney's fees. Tenants appealed. The appeals court revoked the sanctions against landlord's attorneys, but found that tenants were entitled to costs and attorney's fees. The case was sent back for a trial on what were reasonable fees.

Baredi Realty v. Herring: NYLJ, p. 29, col. 2 (6/16/93) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)