KONTARAKIS v. KARITSA & VOLOS CORP.


249 A.D.2d 9 (1998)

671 N.Y.S.2d 228

Konstantina Kontarakis et al., Respondents, v. Karitsa and Volos Corp., Appellant, et al., Defendant

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

April 2, 1998


It is the stipulation of settlement between the parties, not the promissory note by the defendant corporation executed pursuant to the terms of that stipulation, that governs the parties' obligations here. Therefore, UCC 3-116 (b), relied upon by defendant, is inapplicable. The language of the stipulation concerning service of a notice to cure is also inapplicable to these circumstances.

We have considered defendant's remaining...

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