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ZAHER v. PERRI

2018-04209. Index No. 613214/15.

175 A.D.3d 539 (2019)

103 N.Y.S.3d 856

2019 NY Slip Op 06117

John F. Zaher, Individually and as Executor of the Estate of Marion Zaher, Deceased, Appellant, v. Craig P.R. Perri, Respondent.

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

Decided August 7, 2019.

Ordered that the order is affirmed, with costs.

The conditional dismissal language in the parties' so-ordered stipulation became absolute upon the plaintiff's failure to comply with its terms (see Piemonte v JSF Realty, LLC, 140 A.D.3d 1145, 1146 [2016]; Vitolo v Suarez, 130 A.D.3d 610, 611 [2015]; Archer Capital Fund, L.P. v GEL, LLC...

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