Practice point: The parties may stipulate to the facts to be determined at trial, effectively excluding disputed matters that otherwise would be available to them.
Students should note that the parties stipulated to the only unresolved issues following trial, and since the stipulation did not reach the issue of disgorgement, plaintiff's belated request for that relief was denied.
The case is Dental Health Assoc. v. Zangeneh, NY Slip Op 00484 (2d Dept. 2011
Monday's issue is motion practice.
