AMER. HEALTH INS. v. CHARTIER


6 A.D.2d 579 (1958)

American Progressive Health Insurance Company of New York, Appellant, v. Henry F. Chartier, as President of The Building Service Employees International Union Local No. 32e, A. F. of L. of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 11, 1958.


Attorney(s) appearing for the Case

Menahem Stim of counsel (Allen S. Stim with him on the brief; Curran, Mahoney, Cohn & Stim, attorneys), for appellant.

William Mertens for respondent.

BOTEIN, P. J., BREITEL, RABIN and BASTOW, JJ., concur.


Per Curiam.

This action was instituted in 1952 to recover insurance premiums allegedly due plaintiff. While the action was pending a settlement was reached and a stipulation of discontinuance, containing the terms of settlement, was signed by the respective parties and their attorneys and filed with the clerk on January 3, 1953.

Now, more than five years later, defendant seeks, by motion, to enforce the stipulation. The terms of the settlement were...

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