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WIMPY'S COLLISION WORKS, LTD., Respondent, v. MARIO MICELI, Appellant.

Order affirmed, with costs.

While courts possess inherent discretionary power to open judgments and relieve defaults in the interest of justice ( see, Machnick Bldrs. v Grand Union Co., 52 A.D.2d 655), that interest does not warrant such relief in the instant case. Special Term properly concluded that defendant was bound by the terms of a stipulation entered in open court with respect to the last adjourned date (CPLR 2104; Zioncheck v Zioncheck, 99 A.D.2d 563). Gibbons, J.P., Thompson, Weinstein and Brown, JJ., concur.

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WIMPY'S COLLISION WORKS, LTD. v. MICELI
(Feb 19, 1985)