Roberts v. Stracick

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered December 2, 2003. The order granted defendant’s motion to dismiss, determining, inter alia, that the action was settled.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant’s motion to dismiss pursuant to CPLR 3211 (a) (5), determining, inter alia, that the action was settled pursuant to the terms and conditions set forth in two letters exchanged between the attorneys for the parties. Contrary to…