Legal Opinion

SMD Capital Group LLC v. EPR Capital LLC

Appellate Division of the Supreme Court of the State of New York

Decided November 8, 2007PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered September 28, 2006, awarding plaintiffs $376,250 pursuant to an order, same court and J.H.O., entered September 25, 2006, which granted plaintiffs’ motion to enforce the parties’ settlement agreement, unanimously affirmed, with costs. Appeal from above order unanimously dismissed, without costs, as subsumed in the appeal from the above judgment.

Defendants’ contention that the court improperly enforced the parties’ settlement agreement without conducting an evidentiary hearing is unpreserved (see Seligson v Russo, 16…

2Cases cited6 opinions

  1. Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
  2. Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
  3. People v. FriolaNew York Court of Appeals · 1962
  4. Crown IT Services, Inc. v. Koval-OlsenAppellate Division of the Supreme Court of the State of New York · 2004
  5. Seligson v. RussoAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by1 opinion

  1. The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, Inc.New York Court of Appeals · 2020

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