Rita DiCarlo, Plaintiff–Appellant, v. LLC

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Supreme Court, Appellate Division, First Department, New York.

Rita DiCarlo, Plaintiff–Appellant, v. Beacway Operating, LLC, Defendant–Respondent.

6074– 6075

Decided: November 17, 2011

Gonzalez, P.J., Tom, Catterson, Richter, Román, JJ. Law Offices of Peter L. Quan, PLLC, New York (Leslie Sultan of counsel), for appellant. Gartner & Bloom, P.C., New York (Arthur P. Xanthos of counsel), for respondent.

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Order, Supreme Court, New York County (Louis B. York, J.), entered December 7, 2009, which, in an action for personal injuries allegedly sustained by plaintiff tenant as a result of exposure to mold in defendant landlord's building, granted defendant's motion for summary judgment dismissing the complaint, and order, same court and Justice, entered January 31, 2011, which, upon renewal, adhered to the prior order dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted.   The plain terms of a prior stipulation of settlement in defendant's nonpayment profeeding resolved all grievances between the parties, including plaintiff's counterclaim of harmful mold exposure while she was a tenant in defendant's apartment (see Matter of Matinzi v. Joy, 96 A.D.2d 780, 781 [1983], affd 60 N.Y.2d 835 [1983] ).

The evidence presented by plaintiff on the motion to renew did not warrant a different result.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK