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SANNELLA v. PLAINVIEW FIRE DEP'T

136 A.D.2d 617 (1988)

Anthony Sannella et al., Respondents, v. Plainview Fire Department, Defendant and Third-Party Plaintiff-Appellant. County of Nassau, Third-Party Defendant-Appellant

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

January 19, 1988

Ordered that the order is affirmed, without costs or disbursements.

We agree with the decision of the Supreme Court to restore this action to the calendar. The parties stipulated "in open court" to mark this action off the calendar to pursue other legal matters relevant to this action. It is well settled that an agreement between parties or their attorneys relating to any matter in "open court", even absent a writing, is binding upon the parties (CPLR 2104; Wimpy...

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