Ordered that the order is reversed, on the law, with costs, the motion is denied, and the cross motion is granted.
Following the issuance of the order dated February 15, 2002, which granted the defendant's motion for summary judgment dismissing the complaint and directed the parties to "settle judgment," the parties' actions reflected their belief, albeit mistaken, that a judgment was settled pursuant to 22 NYCRR 202.48. Indeed, the plaintiff appealed from the order...
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