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SILTAN v. CITY OF NEW YORK

300 A.D.2d 298 (2002)

750 N.Y.S.2d 323

LETEBERHAN SILTAN, Respondent, v. CITY OF NEW YORK, Defendant, and ALVARO BARANDICA et al., Appellants.

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

Decided December 2, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the appellants' answer is reinstated.

The so-ordered stipulation in the instant case, signed by counsel for the respective parties during a court appearance, is binding (see CPLR 2104). In the stipulation, the plaintiff agreed that, in the event that the appellants failed to comply with the so-ordered stipulation, her remedy would be limited to the preclusion of their testimony...

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