Kane v. Kane

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about March 7, 1997, inter alia, denying plaintiffs’ motion for summary judgment directing the partition and sale of the subject property, unanimously affirmed, without costs.

*134The parties’ “so ordered” stipulation of settlement resolved the disputes alleged in the original complaint for partition, and, as such, is tantamount to an agreement not to seek partition based on those same allegations (see, Ostrager v Alpert, 177 AD2d 287). Accordingly, since plaintiffs have failed to present any ground that would warrant…