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Starrett City, Inc v. William J. Quinonez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department


December 23, 2011

STARRETT CITY, INC.,
RESPONDENT,
v.
WILLIAM J. QUINONEZ,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), entered January 3, 2008.

Starrett City, Inc. v Quinonez

Decided on December 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., GOLIA and STEINHARDT, JJ

The order, insofar as appealed from as limited by the brief, denied the branch of defendant's motion seeking to vacate a stipulation of settlement.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action to recover for breach of a lease agreement, defendant, his attorney and plaintiff's attorney executed a stipulation of settlement which provided, among other things, that upon a default in making the payments due thereunder, plaintiff could enter judgment for the full amount sought in the complaint, less any credit for payments made by defendant. After defendant defaulted in making the payments called for in the stipulation, plaintiff entered a judgment in the principal sum of $8,912.83. Thereafter, defendant moved to, among other things, vacate the stipulation of settlement. Insofar as is relevant to this appeal, the Civil Court denied the branch of the motion seeking that relief.

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 [1984]; Matter of Frutiger, 29 NY2d 143 [1971]). Defendant has not set forth any such basis to invalidate the stipulation entered into in this action. Thus, the Civil Court properly denied the branch of defendant's motion seeking to vacate the stipulation of settlement.

Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: December 23, 2011

20111223

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