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WESTERN UNITED NURSERIES, INC. v. BELLER & KELLER

281 A.D.2d 219 (2001)

721 N.Y.S.2d 531

WESTERN UNITED NURSERIES, INC., et al., Respondents-Appellants, v. BELLER & KELLER et al., Appellants-Respondents.

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

Decided March 13, 2001.

It is our view that all of the claims interposed by the corporate and partnership plaintiffs (the corporate plaintiffs) must be dismissed pursuant to the terms of the settlement agreement entered into by the parties, in open court, before the United States Bankruptcy Court, District of Arizona, in August 1994. We find without merit plaintiffs' contentions that defendants repudiated the agreement or that it was not in effect. Indeed...

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