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Markovits v. Mitrany

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 2004
12 A.D.3d 574 (N.Y. App. Div. 2004)

Opinion

2003-05443

November 22, 2004.

In two related actions, inter alia, to partition a certain piece of real property pursuant to RPAPL 901, Sion L. Mitrany, a defendant in action No. 1 and the defendant in action No. 2, appeals from so much of an order of the Supreme Court, Orange County (Berry, J.), dated May 9, 2003, as denied his cross motion to vacate a judgment of the same court dated August 25, 1999, and an order of the same court dated April 12, 2001.

Before: Prudenti, P.J., Ritter, H. Miller and Spolzino, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, the parties' agreement to enter into a stipulation settling the actions did not deprive the court of further jurisdiction to supervise and enforce the terms of the agreement ( see Teitelbaum Holdings v. Gold, 48 NY2d 51, 53; Greyston Found. v. Nationwide Ins. Co., 288 AD2d 438; M B Equities v. Parkway Gardens Owners, 286 AD2d 755; Berrian v. McCombs, 280 AD2d 442). Further, the actions taken to enforce the terms of the settlement were proper.

The appellant's remaining contentions are without merit.


Summaries of

Markovits v. Mitrany

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 2004
12 A.D.3d 574 (N.Y. App. Div. 2004)
Case details for

Markovits v. Mitrany

Case Details

Full title:ROBERT L. MARKOVITS et al., Respondents, v. SION L. MITRANY, Appellant, et…

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

Date published: Nov 22, 2004

Citations

12 A.D.3d 574 (N.Y. App. Div. 2004)
784 N.Y.S.2d 392

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