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Napoli v. Winter

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2001
284 A.D.2d 286 (N.Y. App. Div. 2001)

Opinion

June 28, 2001.

Order, Supreme Court, New York County (Beverly Cohen, J.), entered August 26, 1999, which, in an action to vacate stipulations of settlement and related relief, granted the motion of defendants Winter, Dunn and the Trustee of the Winter Trust to dismiss the complaint, unanimously affirmed, without costs.

Frederic Walker, for plaintiffs-appellants.

Peter J. Dunn, for defendants-respondents.

Before: Nardelli, J.P., Tom, Mazzarelli, Rubin, Marlow, JJ.


The action was properly dismissed for plaintiffs' failure to allege facts sufficient to show fraud, collusion, mistake or any other cause sufficient to invalidate a contract (see, Hallock v. State of New York, 64 N.Y.2d 224, 230; Matter of Galasso, 35 N.Y.2d 319, 321).

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


Summaries of

Napoli v. Winter

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2001
284 A.D.2d 286 (N.Y. App. Div. 2001)
Case details for

Napoli v. Winter

Case Details

Full title:JEANNE NAPOLI, ET AL., Plaintiffs-Appellants, v. MURRAY J. WINTER, ETC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 2001

Citations

284 A.D.2d 286 (N.Y. App. Div. 2001)
726 N.Y.S.2d 856

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