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GIAIMO v. PHILLIPS

49 Misc.2d 954 (1966)

Joseph C. Giaimo, Respondent, v. Alfred J. Phillips, Appellant.

Supreme Court, Appellate Term, Second Department.

March 16, 1966

Attorney(s) appearing for the Case

Morris B. Kurlander for appellant.

MARGETT, BRENNER and OLLIFFE, JJ., concur.

Per Curiam.

The stipulation of settlement here involved terminated the action and may not be set aside upon a claim of fraud or overreaching except by way of plenary suit (Yonkers Fur Dressing Co. v. Royal Ins. Co., 247 N.Y. 435; Matter of Hecht, 24 A.D.2d 1001). Accordingly, the court no longer has power to grant summary relief by motion and a plenary action is necessary for enforcement of or relief from the...

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