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DANCIGER v. BAAL MILCHAMOT REALTY CORP.

272 A.D.2d 208 (2000)

708 N.Y.S.2d 379

BELA DANCIGER, Respondent, v. BAAL MILCHAMOT REALTY CORP. et al., Appellants, et al., Defendants.

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

Decided May 18, 2000.

Although defendants claim that this action is barred by the parties' settlement agreement, the motion court correctly determined that there are triable issues of fact as to whether the enforceability of the settlement agreement is dependent on defendants' performance of still unsatisfied conditions.

Defendants' additional contention that plaintiff, having received the benefits of the parties' settlement, is estopped from...

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