MORGAN v. MONAGHAN


201 A.D.2d 711 (1994)

608 N.Y.S.2d 299

John Morgan, Respondent, v. Micaela Monaghan et al., Appellants

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

February 28, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

In settlement of the plaintiff's breach of contract claim, the defendants agreed to pay him $60,000 in three installments. After making two payments totalling $40,000, the defendants defaulted on the final payment.

On appeal, the defendants contend that, upon their default, the stipulation became void by its own terms and that, therefore, CPLR 3004 does not apply. Thus, the defendants...

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