Playtime Boutique, Inc. v Fraccola (2010 NY Slip Op 02342)

Playtime Boutique, Inc. v Fraccola

2010 NY Slip Op 02342 [71 AD3d 1511]

March 19, 2010

Appellate Division, Fourth Department

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

As corrected through Friday, July 9, 2010

Playtime Boutique, Inc., Appellant, v Phyllis Fraccola, Respondent. (Action No. 1.) Playtime Boutique, Inc., Appellant,
v
Phyllis Fraccola, Individually and as Sole Shareholder of Hydrania, Inc., Respondent. (Action No. 2.)

—[*1] Gustave J. DeTraglia, Jr., Utica, for plaintiff-appellant.

Felt Evans, LLP, Clinton (Jay G. Williams, III, of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered February 5, 2009. The order denied plaintiff's motion to vacate a stipulation.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Smith, J.P., Centra, Fahey and Pine, JJ.