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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