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IPAR REALTY CORP. v. HERBERT CONSTR. CO., INC.

192 A.D.2d 639 (1993)

596 N.Y.S.2d 466

Ipar Realty Corp., Appellant, v. Herbert Construction Company, Inc., Also Known as Herbert Construction Co., Inc., Respondent, et al., Defendants

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

April 19, 1993

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The underlying action herein was purportedly settled pursuant to a stipulation of settlement entered into on March 1, 1990, in open court, by the attorneys for the plaintiff and the respondent. The stipulation of settlement provided...

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