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XHEPEXHIU

Index No. 655159/19. Appeal No. 15413. Case No. 2020-03962.

203 A.D.3d 452 (2022)

160 N.Y.S.3d 603

2022 NY Slip Op 01409

Aurel Xhepexhiu, Appellant, Alfred Mitaj et al., Respondents.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Law Office of Robert J. Gumenick, P.C., New York ( Robert J. Gumenick of counsel), for appellant.

Joshua Annenberg , New York, for respondents.

Concur— Manzanet-Daniels, J.P., Mazzarelli, Singh, Scarpulla, Higgitt, JJ.

A stipulation of settlement may be evinced by multiple writings; however, where, as here, those writings together do not show agreement on all material terms, the alleged agreement is unenforceable under CPLR 2104 (see Bonnette v Long Is. Coll. Hosp., 3 N.Y.3d 281, 285 [2004]). Moreover, although plaintiff demonstrated that he did in fact perform certain obligations under the parties'...

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