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MICHIGAN MUT. INS. CO. v. KELLY

192 A.D.2d 698 (1993)

598 N.Y.S.2d 731

Michigan Mutual Insurance Company, Respondent, v. John Kelly, Doing Business as Mon Amour Hotel, Appellant

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

April 26, 1993

Ordered that the order is affirmed, with costs.

The parties in this action to recover damages for breach of contract entered into a stipulation of settlement which reduced the sum owed by the defendant to the plaintiff but also provided that if the defendant failed to make payment pursuant to its terms, the plaintiff "shall have the right to enter judgment forthwith" in the full amount of the debt plus interest and costs...

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