Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's cross motion is granted to the extent that the complaint is dismissed with prejudice, and the notice of pendency is canceled.
The parties entered into a stipulation of settlement in open court, in which the plaintiff agreed, inter alia, to withdraw his complaint with prejudice, "subject to the terms of this stipulation". Subsequently, the plaintiff moved...
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