Ordered that the order is affirmed insofar as appealed from, with costs.
In support of that branch of its motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint, the defendant established that the parties entered into a stipulation of settlement through the submission of an affidavit of its president, an agreement memorializing the parties' agreement to settle and discontinue the instant action signed by both parties, and a copy of the bank check...
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