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MTR. OF CARROLL v. GAMMERMAN

193 A.D.2d 202 (1993)

In the Matter of Joseph P. Carroll et al., Petitioners, v. Ira Gammerman, as Justice of the Supreme Court of New York County, et al., Respondents

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

October 19, 1993

Attorney(s) appearing for the Case

Robert M. Kaplan of counsel (Ferber Greilsheimer Chan & Essner, attorneys), for petitioner.

Abigail I. Petersen of counsel (Robert Abrams, Attorney-General, attorneys), for Ira Gammerman, respondent.

Robert J. Costello of counsel (Phelan & Costello, P. C., attorneys), for Patti Birch, respondent.

ROSENBERGER, J. P., ASCH, KASSAL and RUBIN, JJ., concur.

Per Curiam.

This dispute arises out of the stipulated settlement of an action entitled Birch v Carroll (Sup Ct, NY County, index No. 15766/90). In January 1993, petitioners moved to compel compliance with the provisions of the settlement agreement by respondent Birch. Birch opposed, contending that a particular painting required to be returned by petitioners to respondent had not been delivered, as agreed, but that...

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