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MATTER OF CITY OF NEW YORK v. BARRY

273 A.D.2d 380 (2000)

710 N.Y.S.2d 917

In the Matter of CITY OF NEW YORK et al., Respondents, v. AUGUSTINE BARRY, Appellant.

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

Decided June 19, 2000.

Ordered that the order is affirmed, with costs.

The stipulation of settlement between the parties only obligated the petitioners to restore Augustine Barry's house to the condition it was in prior to the commencement of the petitioners' nearby construction project. As a result, the Supreme Court properly denied his motion to compel the petitioners to make further repairs pursuant to the stipulation until after resolution of all of the causation issues in a related...

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