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BOARD OF MANAGERS OF THE ATRIUM CONDOMINIUM v. WEST 79TH STREET CORP.

19 A.D.3d 241 (2005)

798 N.Y.S.2d 8

BOARD OF MANAGERS OF THE ATRIUM CONDOMINIUM, Respondent, v. WEST 79TH STREET CORP. et al., Defendants, and DOWNTOWN ENTERPRISES, L.L.C., et al., Appellants.

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

June 21, 2005.

The stipulation in question was intended to resolve a dispute over late-night noise levels emanating from the night club. Stipulations in settlement of disputes are judicially favored and not lightly set aside (Matter of Guttenplan, 222 A.D.2d 255 [1995], lv denied 88 N.Y.2d 812 [1996]). Here, defendants failed to proffer any basis for voiding the stipulation. The potential issuance of a temporary restraining order is not...

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