ROMANELLI v. DISILVIO

2008-10496

76 A.D.3d 553 (2010)

907 N.Y.S.2d 258

SALVATORE ROMANELLI, Appellant, v. MARIA DISILVIO et al., Respondents.

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

Decided August 10, 2010.


Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the second cause of action in its entirety and substituting therefor a provision denying that branch of the motion with respect to so much of the second cause of action as sought a judgment declaring that the defendants breached the stipulation of settlement

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