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DIMARCO v. BOMBARD

CA 09-00459

67 A.D.3d 1459 (2009)

887 N.Y.S.2d 922

2009 NY Slip Op 08445

STEPHEN DIMARCO, Appellant, v. PATRICK J. BOMBARD, Individually and as a Member of BOMBARD BUICK PONTIAC GMC TRUCK, LLC, et al., Respondents. (Action No. 1.) STEPHEN DIMARCO, Appellant, v. PATRICK J. BOMBARD, Individually and as a Member of 100 MAIN STREET, LLC, et al., Respondents. (Action No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.

Motion for reargument granted and, upon reargument, the memorandum and order entered October 2, 2009 (66 A.D.3d 1341 [2009]) is amended by adding the following sentence as the last sentence of the memorandum: "Even assuming, arguendo, that the affidavit of plaintiff's attorney, which purports to outline the terms of the stipulation, constitutes a sufficient record upon which we may review plaintiff's contention that the court erred in vacating the settlement agreement, we...

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