SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department
October 31, 2011
HOMECOMINGS FINANCIAL REAL ESTATE HOLDINGS, LLC,
LATRICE GLASCO, MONIQUE BROWN, FRANCIS BROWN, JOAN BROWN
AND KESHIA JONES,
APPELLANTS, AND JOHN DOE" #1-3 AND "JANE DOE" #1-3,
Appeal from an order of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated May 20, 2010, deemed from a final judgment of the same court entered May 28, 2010 (see CPLR 5512 [a]).
Homecomings Fin. Real Estate Holdings, LLC v Glasco
Decided on October 31, 2011
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ
The final judgment, entered pursuant to a stipulation of settlement, awarded possession to petitioner in a summary proceeding brought pursuant to RPAPL 713 (5). The appeal from the final judgment brings up for review the order dated May 20, 2010 denying occupants' motion to vacate the stipulation. ORDERED that the final judgment, insofar as appealed from by Monique Brown, is affirmed, without costs; and it is further, ORDERED that so much of the appeal as is by Latrice Glasco, Francis Brown, Joan Brown and Keshia Jones is dismissed.
Petitioner commenced this summary proceeding pursuant to RPAPL 713 (5) based upon a referee's deed dated June 1, 2009, which it had obtained following the foreclosure of a mortgage. A stipulation was entered into in which occupants agreed to move out of the subject premises by April 16, 2010, and petitioner agreed to waive all claims for use and occupancy from June 1, 2009 through April 16, 2010, and to pay occupants the sum of $2,500 if they moved out timely. Occupants subsequently moved to vacate the stipulation, which motion was denied, and a final judgment of possession was entered. Occupants thereafter filed a notice of appeal from the order denying their motion to vacate the stipulation, which appeal we deem to have been taken from the final judgment of possession (see CPLR 5512 [a]). Since only Monique Brown has submitted a brief, the appeal is dismissed as to the other occupants for failure to perfect.
Settlement stipulations are favored and will not be undone absent
proof that the settlement was obtained by fraud, collusion, mistake,
accident or other ground sufficient to invalidate a contract (see e.g.
Hallock v State of New York, 64 NY2d 224 ; Matter of
Frutiger, 29 NY2d 143 ; UHAB-320 Sterling St., HDFC v
Dupree, 24 Misc 3d 138[A], 2009 NY Slip Op 51589[U] [App Term, 2d,
11th & 13th Jud Dists 2009]). Monique Brown did not demonstrate a
sufficient basis to invalidate the stipulation. The only allegation made
in the affidavits submitted in support of the motion to vacate the stipulation
was that, if she had known that the settlement terms were negotiable,
she would have insisted upon more time to move and more money. "Equity
will not relieve a party of its obligations under a contract merely because
subsequently, with the benefit of hindsight, it appears to have been a bad
bargain" (Term Indus. v Essbee Estates, 88 AD2d 823, 825 ). We
note in passing that Ms. Brown has not demonstrated that she had any defense to this proceeding.
Accordingly, the final judgment, insofar as appealed from by Monique Brown, is affirmed.
Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: October 31, 2011
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