GAGE v. JAY BEE PHOTOGRAPHERS, INC.


222 A.D.2d 648 (1995)

636 N.Y.S.2d 106

Arthur Gage, Appellant, v. Jay Bee Photographers, Inc., Respondent

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

December 29, 1995


Ordered that the order is affirmed, with costs.

This appeal involves the dismissal of a complaint in a negligence action. The parties stipulated in open court that the negligence action would be settled for $2,500. Thereafter, the plaintiff executed and delivered to the defendant, a general release and stipulation discontinuing the action, which was to be held "in escrow" pending the plaintiff's receipt of the proceeds of the settlement. Allegedly, due to a clerical...

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