| DiMarco v Bombard |
| 2009 NY Slip Op 08445 [67 AD3d 1459] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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.) |
—[*1]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.