Benjamin Development Co. v. Marlin Enterprises, Inc.

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 17, 1997, which granted defendants’ motion pursuant to CPLR 3211 to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs and defendants were both plaintiffs and defendants in two Federal actions arising from the purchase by Asplundh Tree Expert Company of stock in Vanguard Meter Services, a water meter company of which plaintiffs, defendants and one Robert E. Bates were shareholders. In November 1995, the parties entered into a stipulation settling the Federal actions in which plaintiffs alone…