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UTICA MUTUAL INSURANCE COMPANY v. SWIM TECH POOL SERVICES, INC.

37 A.D.3d 706 (2007)

830 N.Y.S.2d 662

UTICA MUTUAL INSURANCE COMPANY, Appellant, v. SWIM TECH POOL SERVICES, INC., Respondent.

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

Decided February 20, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion to vacate a provision of a so-ordered stipulation dated November 9, 2005, which precluded it from offering evidence at trial concerning the cost of repair of structural damage if it did not produce a witness with knowledge of such cost for a deposition within 60 days. A stipulation is a contract (see Aivaliotis v Continental Broker...

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