Ordered that the order is reversed, on the law, with costs, and the defendant's motion to vacate a so-ordered stipulation of settlement of the action dated July 17, 2004, and to restore the action to the calendar is denied.
The plaintiff commenced this action against the defendant, Town of Babylon, after the Town allegedly agreed, and failed, to construct a fence to prevent trespassers from entering upon the plaintiff's beachfront property from an adjacent parcel...
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