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WIMPY'S COLLISION WORKS, LTD. v. MICELI
Appellate Division of the Supreme Court of New York, Second Department.
Feb 19, 1985
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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