NESTOR v. PUBLIC ADMINISTRATOR OF NASSAU COUNTY

161270/20. Appeal No. 16305-16305A. Case Nos. 2022-00778, 2022-00779.

208 A.D.3d 1132 (2022)

174 N.Y.S.3d 581

2022 NY Slip Op 05374

Peggy Nestor et al., Appellants, v. Public Administrator of Nassau County, Respondent, et al., Defendants.

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

Decided September 29, 2022.


Attorney(s) appearing for the Case

Jason J. Rebhun, P.C., New York ( Jason J. Rebhun of counsel), for appellants.

Mahon, Mahon, Kerins & O'Brien LLC, Garden City ( James Kerins of counsel), for respondent.

Concur—Acosta, P.J., Mazzarelli, Gesmer, González, Higgitt, JJ.


Defendant met its summary judgment burden by proffering copies of the stipulations of discontinuance, with prejudice, that were entered in the earlier partition and quiet title actions, as well as the so-ordered stipulation that released defendant from any monetary liability regarding the property in question. When parties set forth their agreement in a clear, complete document, the writing should be "enforced according to its...

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