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MATTER OF EMBASSY HOUSE EAT LLC v. DYAN P.

4191. 500099/15.

151 A.D.3d 483 (2017)

2017 NY Slip Op 04543

53 N.Y.S.3d 531

In the Matter of EMBASSY HOUSE EAT LLC, Appellant, v. DYAN P., by Her Article 81 Guardian, JASA, Respondent.

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

Decided June 8, 2017.

The record supports the motion court's finding that respondent lacked the capacity to enter into the stipulation and thus showed good cause to vacate it (see Matter of Frutiger, 29 N.Y.2d 143, 150 [1971]; Matter of New York City Hous. Auth. v Jackson, 48 A.D.3d 818, 819 [2d Dept 2008]; Genesis Holding, LLC v Watson, 5 Misc.3d 127[A], 2004 NY Slip Op 51218[U] [App Term, 1st Dept 2004...

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