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ROLLING ACRES DEVELOPERS, LLC v. MONTINAT

2017-07255. Index No. 5994/08.

166 A.D.3d 696 (2018)

88 N.Y.S.3d 46

2018 NY Slip Op 07476

Rolling Acres Developers, LLC, Respondent, v. Pierre Montinat et al., Defendants, and Marie Sanon, Now Known as Guerdie Belle Sanon, Appellant.

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

Decided November 7, 2018.

Ordered that the order is affirmed, with costs.

In 2008, the plaintiff commenced this action to foreclose a second mortgage against the defendant, Marie Sanon, now known as Guerdie Belle Sanon, among others. In 2014, the plaintiff and Sanon entered into a written stipulation of settlement in which Sanon consented to the entry of a judgment of foreclosure and sale, while the plaintiff agreed not to execute the judgment of foreclosure and sale provided that Sanon made...

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