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GARGIULO v. OPPENHEIM

63 N.Y.2d 843 (1984)

Vincent Gargiulo et al., Appellants, v. Murray L. Oppenheim et al., Defendants, and Harry Licht, Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 11, 1984.

Attorney(s) appearing for the Case

Marshall D. Sweetbaum and Irving Schuh for appellants.

Richard Eisenberg for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The stipulation of the parties dated December 10, 1974 contained the following provision: "7. Neither the execution of this Stipulation nor the performance of its terms shall operate to settle, discontinue, abate or otherwise affect this action or the related action in the United States District...

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