We agree with the motion court that issues of fact exist as to whether plaintiffs were in default of the stipulation that settled the nonpayment proceeding defendant cooperative brought against them in Civil Court. Plaintiffs argue there is no dispute that they tendered all of the money due under the stipulation as of July 31, 1991. However, defendants claim that while plaintiffs made the first payment of $2,750 due on June 1, 1991, they failed to pay current maintenance...
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