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ITS FUNDING, INC. v. A & M CONSTRUCTION OF ORANGE COUNTY, INC.

293 A.D.2d 653 (2002)

740 N.Y.S.2d 653

ITS FUNDING, INC., Respondent, v. A & M CONSTRUCTION OF ORANGE COUNTY, INC., et al., Defendants.

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

Decided April 22, 2002.

Ordered that the order is affirmed, with costs.

There is no merit to the contention that a purported oral stipulation of settlement in open court was spread upon the record and was binding upon the parties. The terms of the stipulation were never placed on the record in open court or memorialized in writing (see CPLR 2104; Gustaf v Fink, 285 A.D.2d 625; Avaltroni v Gancer, 260 A.D.2d 590

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