VASQUEZ GONZALEZ v. HALLMPOUR (2019)

ORDERED that, on the court's own motion, so much of the appeal as was taken from the portion of the order that, sua sponte, deemed the action discontinued is dismissed, as no appeal as of right lies from that portion of the order (see CCA 1702 [a] [2]; CPLR 2211; Sholes v. Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted; and it is further,

ORDERED that the order, insofar as reviewed, is reversed, without costs, and plaintiff's motion, in effect, to enforce the so-ordered stipulation of settlement is dismissed.

Plaintiff commenced this action in July 2017. On November 27, 2017, the parties entered into a so-ordered stipulation of settlement in which it was agreed, among other things, that defendant would repair plaintiff's eyeglasses. Shortly thereafter, plaintiff moved, in effect, to enforce the stipulation, alleging that defendant had not yet complied with its terms. Insofar as is relevant to this appeal, the Civil Court denied the motion.

The stipulation cannot be enforced in the Civil Court. “Except for proceedings for the enforcement of housing standards (CCA 110 [a] [4]; 203 [o] ) and applications for certain provisional remedies (CCA 209 [b]), the New York City Civil Court may not grant injunctive relief” (Topaz Realty Corp. v. Morales, 9 Misc 3d 27, 28 [App Term, 2d Dept, 2d & 11th Jud Dists 2005] [internal quotation marks omitted]; see Post v. 120 E. End Ave. Corp., 62 NY2d 19, 25 [1984]; Hotel New Yorker Pharmacy v. New Yorker Hotel Corp., 40 AD2d 967 [1972]; Green v. Lakeside Manor Home for Adults, Inc., 30 Misc 3d 16 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010] ). Consequently, the Civil Court did not have jurisdiction to grant the injunctive relief plaintiff sought.

Accordingly, the order, insofar as reviewed, is reversed and plaintiff's motion, in effect, to enforce the so-ordered stipulation of settlement is dismissed.

PESCE, P.J., ELLIOT and SIEGAL, JJ., concur.