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CITRIN v. CONTI

290 A.D.2d 264 (2002)

735 N.Y.S.2d 541

HERBERT M. CITRIN, Appellant, v. PAUL CONTI, Respondent, et al., Defendants.

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

Decided January 10, 2002.

The IAS court erred in dismissing plaintiff's breach of contract claim. The plain meaning of the stipulation of settlement is clear and unambiguous. It provided that plaintiff's judgment would first be reduced to the same amount as defendant's judgment by the tender of the bank check. Then, once defendant's judgment was affirmed on appeal, it would be used to satisfy the rest of plaintiff's judgment. Defendant's interpretation...

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