Mill Rock Plaza Associates v. Lively

Full title: MILL ROCK PLAZA ASSOCIATES, Appellant, v. W. HERBERT LIVELY, Respondent…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 20, 1996

224 A.D.2d 301 (N.Y. App. Div. 1996)

638 N.Y.S.2d 34

Opinion

February 20, 1996

Appeal from the Civil Court, New York County (Bruce Kramer, J.).

Strict enforcement of the parties' stipulation, including the award of the money judgment for legal fees in the amount of $5,000, is warranted based upon the principle that the parties to a civil dispute are free to chart their own litigation course ( see, Mitchell v. New York Hosp., 61 N.Y.2d 208, 214). Enforcement of the stipulation also serves the interest of efficiency in the final resolution of this dispute ( see, Hallock v. State of New York, 64 N.Y.2d 224, 230).

Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.