Opinion
No. 2019-865 K C
10-06-2023
Capitol Discount Corp., Appellant, v. Marie S. Duroseau, Respondent.
Morse Geller, for appellant. Marie S. Duroseau, respondent pro se (no brief filed).
Unpublished Opinion
Morse Geller, for appellant.
Marie S. Duroseau, respondent pro se (no brief filed).
PRESENT:: WAVNY TOUSSAINT, P.J., MARINA CORA MUNDY, LISA S. OTTLEY, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Consuelo Mallafre-Melendez, J.), entered February 14, 2019. The order granted defendant's motion to vacate a judgment entered on July 13, 2017 pursuant to a stipulation of settlement.
ORDERED that the order is reversed, without costs, and defendant's motion to vacate the July 13, 2017 judgment is denied.
Plaintiff commenced this action to recover the principal sum of $3,412.23 for breach of promissory note after defendant defaulted in making payments as of April 9, 2015. Defendant failed to appear in the action and a default judgment was entered against her on June 13, 2016. In July 2016, defendant moved to vacate the judgment, claiming that she had not been properly served and had only received notice of the action when her wages were garnished.
On August 11, 2016, the parties entered into a so-ordered stipulation of settlement pursuant to which plaintiff agreed to vacate the June 13, 2016 default judgment and defendant admitted personal service of the summons and complaint, as well as liability for the debt. The stipulation provided for monthly payments until the principal sum was paid. The stipulation further provided that, in the event of a default, plaintiff had the right to enter a new judgment for the total amount due plus contractual interest and costs and disbursements. Defendant made one payment under the terms of the stipulation and then defaulted. Plaintiff entered a judgment on July 13, 2017 in accordance with the terms of the stipulation of settlement. Thereafter, defendant moved to vacate this judgment, averring that she had not received notice of the court date and that she had a good defense to the action because she had not been working for a year as a result of an injury. Defendant did not refer to the stipulation of settlement or her default thereunder. The Civil Court granted defendant's motion to vacate the July 13, 2017 judgment, finding that defendant had demonstrated a meritorious defense and a reasonable excuse for her failure to pay plaintiff in accordance with the August 11, 2016 stipulation of settlement.
"It is well settled that stipulations of settlement are judicially favored and will not easily be set aside (see Hallock v State of New York, 64 N.Y.2d 224 [1984]; Matter of Frutiger, 29 N.Y.2d 143 [1971]). While stipulations of settlements may be vacated on grounds sufficient to set aside a contract, such as fraud, mistake, collusion or accident (see Nash v Yablon-Nash, 61 A.D.3d 832 [2009]), a party should not be relieved from the consequences of the stipulation, particularly one made in open court, absent a sufficient or compelling showing of the above" (Cach, LLC v Woodsnajac, 42 Misc.3d 129[A], 2013 NY Slip Op 52165[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013] [internal quotation marks omitted]).
Here, defendant did not address the existence of the stipulation of settlement and failed to offer any basis for why she did not comply with the terms of the stipulation. Consequently, defendant failed to make a sufficient showing warranting the vacatur of the judgment and, thus, the Civil Court should have denied her motion (see Cach, LLC v Woodsnajac, 2013 NY Slip Op 52165[U], *2).
Accordingly, the order is reversed and defendant's motion to vacate the July 13, 2017 judgment is denied.
TOUSSAINT, P.J., MUNDY and OTTLEY, JJ., concur.