PAROLI v. GUSTAVINO


35 A.D.2d 724 (1970)

William Paroli, Appellant, v. Joseph Gustavino, Respondent

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

October 5, 1970


Order reversed, with $10 costs and disbursements and motion to restore the action to the Ready Trial Calendar granted, unless defendant, within 30 days after entry of the order hereon, unconditionally tender payment to plaintiff of $2,900, in accordance with the stipulation of settlement, in which event the motion is denied.

When plaintiff sought payment, defendant imposed a condition not contemplated or included in the stipulation...

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