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DiMarco v. Bombard

NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT


November 13, 2009

STEPHEN DIMARCO, APPELLANT,
v.
PATRICK J. BOMBARD, INDIVIDUALLY AND AS A MEMBER OF BOMBARD BUICK PONTIAC GMC TRUCK, LLC, ET AL., RESPONDENTS. (ACTION NO. 1.)
STEPHEN DIMARCO, APPELLANT,
v.
PATRICK J. BOMBARD, INDIVIDUALLY AND AS A MEMBER OF 100 MAIN STREET, LLC, ET AL., RESPONDENTS. (ACTION NO. 2.)

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

As corrected through Wednesday, January 6, 2010

Motion for reargument granted and, upon reargument, the memorandum and order entered October 2, 2009 (66 AD3d 1341 [2009]) is amended by adding the following sentence as the last sentence of the memorandum: "Even assuming, arguendo, that the affidavit of plaintiff's attorney, which purports to outline the terms of the stipulation, constitutes a sufficient record upon which we may review plaintiff's contention that the court erred in vacating the settlement agreement, we would nevertheless affirm."

Present---Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.

20091113

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