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Kirkiles & Kotiadis, LLP v. Twin Donut

March 5, 2009

KIRKILES & KOTIADIS, LLP, PLAINTIFF-RESPONDENT,
v.
TWIN DONUT, INC., ET AL., DEFENDANTS-APPELLANTS.



Order, Supreme Court, New York County (Leland G. DeGrasse, J.), entered March 21, 2008, which denied defendants' motion to correct and resettle a judgment entered February 27, 2004, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Moskowitz, Renwick, Freedman, JJ.

600698/02

Defendants have not sought to set aside the parties' stipulation of settlement, which superseded the subject judgment. In any event, the record presents no basis therefor (see Hallock v State of New York, 64 NY2d 224, 230 [1984]).

We have considered defendants' remaining arguments and find them without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090305

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