Ordered that the appeal is dismissed as academic, with costs.
While the defendants' appeal from the order dated June 30, 2008, was pending, the defendants entered into an agreement settling this action without reserving any rights they might obtain if their appeal was successful. Consequently, the settlement, and this Court's affirmance of the order enforcing the settlement agreement (see Wil Can [USA] Group, Inc. v Shen Zhang,
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