Taccad v Cabrera

[*1] Taccad v Cabrera 2007 NY Slip Op 50552(U) [15 Misc 3d 128(A)] Decided on March 21, 2007 Appellate Term, First Department 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570456/06.

Gloria Taccad, Plaintiff-Appellant,

against

Teresita F. Cabrera, No.06-343 Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered October 3, 2005, which denied her motion to vacate a stipulation of settlement.

PER CURIAM:
Order (Anil C. Singh, J.), entered October 3, 2005, affirmed, with $10 costs.

Plaintiff has shown no legal basis to set aside the settlement stipulation entered into in open court upon the advise of counsel (see Hallock v. State of New York, 64 NY2d 224, 230 [1984]). Although plaintiff's appellate arguments lack merit, we do not find them to be frivolous within the meaning of 22
NYCRR 130-1.1.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 21, 2007