Legal Opinion
Palmieri v. Town of Babylon
Appellate Division of the Supreme Court of the State of New York
Decided August 16, 2011PublishedCited by 5 opinions
1Opinion of the Court
On July 17, 2004, the parties settled this action by entering into a so-ordered stipulation of settlement (hereinafter the stipulation). In a previous appeal from an order vacating the stipulation, this Court reversed the order and denied the motion of the defendant Town of Babylon to vacate the stipulation and to restore the action to the calendar (see Palmieri v Town of Babylon, 56 AD3d 740, 741 [2008]).
Rather than comply with its obligations under the stipulation, after the prior appeal was decided, the Town filed a motion in the Supreme Court, inter alia, pursuant to CPLR 3211 (a) (5) and…
2Cases cited12 opinions
- Kass v. KassNew York Court of Appeals · 1998
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Cullen v. NaplesNew York Court of Appeals · 1972
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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3Cited by5 opinions
- Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013
- March Associates Construction, Inc. v. CMC Masonry ConstructionAppellate Division of the Supreme Court of the State of New York · 2017
- Mochkin v. MochkinAppellate Division of the Supreme Court of the State of New York · 2014
- Palmieri v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 2018
- Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013