Loftin v Ortiz

[*1] Loftin v Ortiz 2009 NY Slip Op 52237(U) [25 Misc 3d 135(A)] Decided on November 6, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 6, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Hunter, JJ
.

Steven D. Loftin, 570500/09

against

Angel Ortiz, 79 St. Nicholas Pl. Ltd. Corp., Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered April 25, 2008, which denied his motion to vacate a stipulation of settlement.

Per Curiam.

Order (Peter H. Moulton, J.), entered April 25, 2008, affirmed, without costs.

Stipulations of settlement of disputes are judicially favored and not lightly cast aside unless there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). There was no showing of good cause to set aside the so-ordered stipulation of settlement between the parties. The record demonstrates that, in response to extensive questioning by the court, the pro se plaintiff affirmatively and repeatedly acknowledged that he understood the terms and consequences of the stipulation, pursuant to which he received ample compensation for his claims. Accordingly, Civil Court properly denied plaintiff's motion to vacate the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: November 06, 2009