CITIBANK v. RATHJEN


202 A.D.2d 235 (1994)

608 N.Y.S.2d 453

Citibank, N.A., et al., Respondents, v. Stephen P. Rathjen et al., Defendants, and John D. Parker, Appellant

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

March 8, 1994


The IAS Court did not abuse its discretion in determining that defendant was bound by his stipulation, entered into in open court, wherein defendant, represented by competent counsel, consented to the entry of a judgment of foreclosure and withdrew his answer to the underlying foreclosure action, since the CPLR specifically provides for the enforceability of stipulations made between counsel in open court (CPLR 2104); since "open court" stipulations of settlement are favored...

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