Liberty Med. Group, P.C. v New York Cent. Mut. Fire Ins. Co.
Annotate this CaseDecided on July 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.
Liberty Medical Group, P.C. a/a/o Angie Fernandez, Plaintiff-Respondent,570511/08
against
New York Central Mutual Fire Insurance Company, Defendant-Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Julia L. Rodriguez, J.), entered October 16, 2007, which denied its motion to vacate a
stipulation of settlement and to dismiss the action.
Per Curiam.
Order (Julia L. Rodriguez, J.), entered October 16, 2007, affirmed, with $10 costs.
Civil Court properly denied defendant's motion to vacate a 2002 stipulation settling this action for first party no-fault benefits. Defendant failed to proffer any competent evidence in support of its belated claim that the stipulation was unenforceable because it was "premised on fraud." "Stipulations of settlement are favored by the courts and are not lightly cast aside" (Hallock v State of New York, 64 NY2d 224, 230 [1984]). While defendant, five years later, is intent on revisiting the propriety of a stipulation entered into upon the advise of counsel, it has failed to demonstrate any basis to excuse it from complying with the terms to which it assented, and may not avoid its enforceability by claiming, in conclusory fashion, that plaintiff's underlying no-fault claims "appear to be the product of fraud." As the motion court properly noted, the information regarding plaintiff's corporate status was available to defendant when the stipulation was entered into in 2002.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 14, 2009
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