Opinion
93
January 30, 2003.
Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered June 4, 2002, which upon the prior grant of defendants' motion pursuant to CPLR 3211, dismissed the complaint, unanimously affirmed, with costs.
David Rosenberg, for Plaintiff-Appellant.
Howard B. Sirota, for Defendants-Respondents.
Before: Tom, J.P., Mazzarelli, Sullivan, Williams, Gonzalez, JJ.
The action for rescission of the parties' stipulation of settlement was properly dismissed since the motion court correctly found that the alleged conduct by defendants upon which plaintiff's claim for rescission was premised was permitted under the settlement agreement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.