BERRIAN v. McCOMBS


280 A.D.2d 442 (2001)

720 N.Y.S.2d 513

BARBARA L. BERRIAN, Appellant, v. SCOTT McCOMBS, Respondent. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Nonparty Respondent.

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

Decided February 5, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents, upon reargument, the order dated August 13, 1999, is vacated, and the plaintiff's motion, in effect, to enforce a stipulation of settlement is granted to the extent of directing that the nonparty respondent New York Central Mutual Fire Insurance Co., upon the plaintiff's return of the settlement check dated May 12, 1999, issue a new settlement check...

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