Plotnicki v. Goldstein

Appellate Division of the Supreme Court of New York

Plotnicki v. Goldstein

301 A.D.2d 484, 753 N.Y.S.2d 371, 2003 N.Y. App. Div. LEXIS 713

Appellate Division of the Supreme Court of the State of New York·Decided January 30, 2003·Published·Cited by 1 cases

Opinion

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 4, 2002, which upon the prior grant of defendants’ motion pursuant to CPLR 3211, dismissed the complaint, unanimously affirmed, with costs.

The action for rescission of the parties’ stipulation of settlement was properly dismissed since the motion court correctly found that the alleged conduct by defendants upon which plaintiff’s claim for rescission was premised was permitted under the settlement agreement. Concur — Tom, J.P., Mazzarelli, Sullivan, Williams and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 4, 2002, which upon the prior grant of defendants’ motion pursuant to CPLR 3211, dismissed the complaint, unanimously affirmed, with costs.

The action for rescission of the parties’ stipulation of settlement was properly dismissed since the motion court correctly found that the alleged conduct by defendants upon which plaintiff’s claim for rescission was premised was permitted under the settlement agreement. Concur — Tom, J.P., Mazzarelli, Sullivan, Williams and Gonzalez, JJ.

Plotnicki v. Goldstein, 301 A.D.2d 484, 753 N.Y.S.2d 371, 2003 N.Y. App. Div. LEXIS 713 (N.Y. Ct. App. 2003).

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