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MENDEL v. HENRY PHIPPS PLAZA WEST, INC.

27 A.D.3d 375 (2006)

813 N.Y.S.2d 66

SYLVIA MENDEL, Plaintiff, and STEVEN BAIN et al., Appellants, v. HENRY PHIPPS PLAZA WEST, INC., Defendant, and BELLEVUE SOUTH ASSOCIATES, L.P., Respondent.

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

March 28, 2006.

Contrary to the Bain tenants' claims, there is no basis in the record for setting aside their agreement to accept the negotiated and "so-ordered" settlement agreement. That agreement has been deemed binding upon tenants who, like the Bains, accepted it (see Mendel v Henry Phipps Plaza W., Inc., 6 N.Y.3d 783, 786 n), and the arguments to set aside their consent to the settlement on grounds of fraud, misrepresentation, coercion, economic...

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