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DOWNES v. O'CONNELL

No. 99-CV-2940.

103 F.Supp.2d 579 (2000)

Joan L. DOWNES and Albert E. Downes, Jr. as beneficiaries and co-trustees of the estate of Phoebe A. Guibert, Deceased, and Victoria Downes Etchings and Melissa M. Downes as remaindermen of the trust created under paragraph second of the will of the late Phoebe A. Guibert, Plaintiffs, v. Daniel J. O'CONNELL, Esq.; Dennis G. Timko; and Merrill, Lynch, Pierce, Fenner & Smith, Defendants.

United States District Court, E.D. New York.

June 2, 2000.

Attorney(s) appearing for the Case

Leavitt, Kerson & Leffler, Forest Hills, N.Y. (Paul E. Kerson, of counsel), for plaintiffs.

Benedict Sliney, Mineola, N.Y., for defendants Merrill, Lynch and Dennis Timko.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is the Plaintiffs' motion to re-open the settlement reached in this case on June 16, 1999 as against Defendant Merrill, Lynch, Pierce, Fenner & Smith ("Merrill, Lynch"). On June 16, 1999, the parties appeared in open court and placed a stipulation of settlement of the above-referenced case on the record. The settlement provided, in relevant part:

MR. STEVENS ...

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