DOOLITTLE v. QUIGGLE


238 A.D.2d 949 (1997)

661 N.Y.S.2d 171

James Doolittle et al., Appellants, v. James H. Quiggle et al., Respondents

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

April 25, 1997


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiffs' application to resettle the order that incorporated the terms of an in-court stipulation of settlement. Although plaintiffs now claim that their attorney "misspoke" and that the terms of the stipulation relating to the width of the right-of-way were entered into under a mistake of fact, the record reflects that plaintiffs neither expressed any reservations nor raised...

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