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1829 CATON REALTY v. CATON BMT ASSOCS.

225 A.D.2d 599 (1996)

639 N.Y.S.2d 110

1829 Caton Realty, Plaintiff, v. Caton BMT Associates et al., Defendants, J. Leonard Spodek, Appellant, and Allen Dorkin et al., Respondents

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

March 11, 1996

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the doctrine of res judicata does not apply to this case since the stipulation that the appellant seeks to enforce is not a stipulation of final settlement to discontinue the action with prejudice (see, Dolitsky's Dry Cleaners v Y L Jericho Dry Cleaners, 203 A.D.2d 322; Siegel, Practice Commentaries, McKinney's Cons Laws of NY...

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