Weigert v. Smith

Appellate Division of the Supreme Court of New York

Weigert v. Smith

272 A.D.2d 141, 708 N.Y.S.2d 854, 2000 N.Y. App. Div. LEXIS 5433

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 11, 2000

StatusPublished

This text of 272 A.D.2d 141 (Weigert v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weigert v. Smith, 272 A.D.2d 141, 708 N.Y.S.2d 854, 2000 N.Y. App. Div. LEXIS 5433 (N.Y. Ct. App. 2000).

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Opinion

—Order and judgment (one paper), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered April 14, 1999, which granted plaintiffs motion to vacate a post-judgment stipulation of settlement and reinstate the judgment, unanimously affirmed, with costs.

The motion court properly found defendants to be in material breach of the parties’ stipulation of settlement by reason of their not having made the payments specified therein within a reasonable time of the date of the stipulation, and thereupon properly exercised its discretion by vacating the stipulation and reinstating the judgment. Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.

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—Order and judgment (one paper), Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered April 14, 1999, which granted plaintiffs motion to vacate a post-judgment stipulation of settlement and reinstate the judgment, unanimously affirmed, with costs.

The motion court properly found defendants to be in material breach of the parties’ stipulation of settlement by reason of their not having made the payments specified therein within a reasonable time of the date of the stipulation, and thereupon properly exercised its discretion by vacating the stipulation and reinstating the judgment. Concur — Sullivan, P. J., Rosenberger, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

272 A.D.2d 141, 708 N.Y.S.2d 854, 2000 N.Y. App. Div. LEXIS 5433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weigert-v-smith-nyappdiv-2000.