Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is reversed, on the law and the facts, that branch of the defendants' motion which was to enforce the stipulation of settlement drafted by the parties' attorneys on November 27, 2007, is granted, the plaintiff's cross motion pursuant to CPLR 3025 for leave to amend the complaint to add a cause of action for the return of a down payment is denied, the order is modified...
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