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PALMIERI v. TOWN OF BABYLON

2010-09670.

87 A.D.3d 625 (2011)

928 N.Y.S.2d 355

2011 NY Slip Op 6254

PAUL PALMIERI, Respondent, v. TOWN OF BABYLON, Appellant.

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

Decided August 16, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 17, 2004, the parties settled this action by entering into a so-ordered stipulation of settlement (hereinafter the stipulation). In a previous appeal from an order vacating the stipulation, this Court reversed the order and denied the motion of the defendant Town of Babylon to vacate the stipulation and to restore the action to the calendar (see Palmieri v Town of Babylon,

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