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CENPARK REALTY, LLC v. GURIN

Index No. 105170/11. Appeal No. 1568. Case No. 2021-03060.

204 A.D.3d 436 (2022)

164 N.Y.S.3d 425

2022 NY Slip Op 02335

Cenpark Realty, LLC, Respondent, v. Ellie Gurin, Defendant, and Adina Marmelstein, Appellant.

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

Decided April 7, 2022.

Attorney(s) appearing for the Case

Solomon Zabrowsky , New York, for appellant.

The Abramson Law Group, PLLC, New York ( Mitchell Shenkman , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.

"[A] stipulation is generally binding on parties that have legal capacity to negotiate, do in fact freely negotiate their agreement and either reduce their stipulation to a properly subscribed writing or enter the stipulation orally on the record in open court" (McCoy v Feinman, 99 N.Y.2d 295, 302 [2002]). Here, the parties' so-ordered stipulation meets these criteria, as the record reflects that the stipulation was negotiated in...

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