2 Jackson St. Corp. v. Velocity Auto Ctr., Inc.

Full title: 2 Jackson Street Corp., Respondent, v. Velocity Auto Center, Inc.…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jul 13, 2015

2015 N.Y. Slip Op. 79229 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-01097 WC

07-13-2015

2 Jackson Street Corp., Respondent, v. Velocity Auto Center, Inc., Appellant.

ANGELA G. IANNACCI, J.P.

ANTHONY MARANO

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from a final judgment of the City Court of New Rochelle, Westchester County, entered March 11, 2015, and for costs and sanctions.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to dismiss the appeal is granted, as no appeal lies from a final judgment entered pursuant to a stipulation of settlement (see CPLR 5511; Barry v Barry, 60 AD3d 882 [2009]; Wiener v City of New York, 60 AD3d 598 [2009]; Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]); and it is further,

ORDERED that the branch of the motion seeking costs and sanctions is denied.

ENTER:

Paul Kenny

Chief Clerk