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SANTANGELO v. ESTATE OF SOL GOLDMAN

256 A.D.2d 79 (1998)

681 N.Y.S.2d 753

TARZANA SANTANGELO, Respondent, v. ESTATE OF SOL GOLDMAN, Deceased, et al., Appellants. In the Matter of TARZANA SANTANGELO, Respondent, v. ALLAN H. GOLDMAN, as Coexecutor of SOL GOLDMAN, Deceased, Appellant.

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

Decided December 8, 1998.

Supreme Court properly denied defendants' motion to vacate the judgment. Even if we were to view defendants' motion as one seeking to limit enforcement of the judgment pursuant to CPLR 5240, the authority provided by that section is not sufficiently plenary to allow a court acting thereunder to reduce the judgment to the extent of an unadjudicated offset claimed by the judgment debtor (see, Kolortron Sys. v Casey, 118 A.D.2d 687...

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