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M & B EQUITIES, L. L. C. v. PARKWAY GARDENS OWNERS, INC.

286 A.D.2d 755 (2001)

730 N.Y.S.2d 728

M & B EQUITIES, L. L. C., Respondent, v. PARKWAY GARDENS OWNERS, INC., et al., Defendants, and Estate of GUSTAVE BERKO et al., Appellants.

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

Decided September 24, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, since a foreclosure action was still pending at the time the parties entered into their agreement to discontinue that action with prejudice, the Supreme Court retained the power to supervise and enforce the terms of the agreement (see, Teitelbaum Holdings v Gold, 48 N.Y.2d 51, 54; Arguelles...

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