COLEMAN v. DABROWSKI


163 Misc.2d 763 (1994)

624 N.Y.S.2d 721

Lucille G. Coleman et al., as Testamentary Trustees of a Trust Created by Samson Gordon, Deceased, Appellants, v. Jan Dabrowski et al., Respondents.

Supreme Court, Appellate Term, First Department.

November 30, 1994


Attorney(s) appearing for the Case

Jacobs Zinns Schneyer & Braff, P. C., New York City (Jay Zinns and Michael H. Michael of counsel), for appellants. Joseph M. Aronow, P. C., New York City (Joseph M. Aronow of counsel), for respondent.

PARNESS, J. P., and McCOOE, J., concur; GLEN, J., dissents in a separate memorandum.


Per Curiam.

Order entered February 2, 1994 reversed, with $10 costs, tenants' motion to vacate the warrant of eviction is denied, and the consent final judgment entered pursuant to the parties' stipulation of settlement is reinstated.

On a previous appeal in this proceeding, this court affirmed Civil Court's order denying tenants' motion to vacate a stipulation executed in settlement of a nonpayment proceeding....

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