Appeal from an order of the Supreme Court, Nassau County (Edward A. Maron, J.), dated June 25, 2013. The order granted the defendant's motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint and denied the plaintiff's cross motion, inter alia, in effect, for summary judgment on the complaint.
Ordered that the order is affirmed, with costs.
The parties entered into a stipulation of settlement which was incorporated but not merged into their judgment of...
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