...she never let a biscuit escape
Claiming that defendant had failed to timely make the $3,500 payment in accordance with the terms of the stipulation, plaintiff commenced the instant action seeking to recover the principal sum of $8,750 for arrears due and owing pursuant to the month-to-month lease, and $1,615 for damage to the premises. Plaintiff thereafter moved for summary judgment. The Civil Court denied the motion on the ground that there were issues of fact as to whether defendant had timely complied with the stipulation settling the prior summary proceeding, and this appeal ensued.
http://law.justia.com/cases/new-york/appellate-term-second-department/2009/2009-52604.html