FOLEY v. FOLEY

2018-14501. Index No. 12817/11.

190 A.D.3d 953 (2021)

2021 NY Slip Op 00421

Teresa Foley, Appellant-Respondent, v. Benjamin Foley et al., Respondents-Appellants.

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

Decided January 27, 2021.


Attorney(s) appearing for the Case

Lenihan & Associates, LLC, White Plains, NY ( James Michael Lenihan of counsel), for appellant-respondent.

Benjamin Foley (Smith Mazure Director Wilkins Young & Yagerman, P.C., New York, NY [Joel M. Simon], of counsel), respondent-appellant pro se and for respondents-appellants John Andrew Foley and Estate of Michael Foley.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.


Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the plaintiff's motion which was to reject so much of a referee's report and recommendation as recommended denying the plaintiff's motion, inter alia, to enforce a stipulation of settlement is granted, and the matter is remitted to the Supreme Court, Westchester...

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