FLUSHING AUTO SALVAGE, INC. v. CITY OF NEW YORK

2014-09952, Index No. 19254/13.

144 A.D.3d 624 (2016)

2016 NY Slip Op 07158

39 N.Y.S.3d 835

FLUSHING AUTO SALVAGE, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided November 2, 2016.


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

The Supreme Court properly denied the plaintiff's motion for summary judgment on the cause of action for specific performance of a stipulation of settlement and granted that branch of the defendant's cross motion which was for summary judgment dismissing that cause of action. The stipulation of settlement provided in pertinent part that the parties would enter into a lease, but since the stipulation...

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