GAGLIA v. NASH


8 A.D.3d 992 (2004)

778 N.Y.S.2d 595

JACK GAGLIA, Respondent, v. JAMES M. NASH, Appellant. (Appeal No. 1.)

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

June 14, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Defendant contends with respect to appeal Nos. 1 and 2 that Supreme Court erred in granting plaintiff's motion to enforce the parties' settlement agreement, which defendant contends was in violation of both CPLR 2104 and the statute of frauds (General Obligations Law § 5-701 [a]), and in awarding plaintiff judgment in the sum...

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