Opinion
No. 2011–2452 K C.
2013-02-1
CAVALRY PORTFOLIO SERVICES, LLC as Assignee of Cavalry SPV I, LLC, as Assignee of FIA Card Services, N.A., Respondent, v. Rainford E. WILLIAMS, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered August 5, 2011. The order denied defendant's motion to vacate a stipulation of settlement and restore the action to the calendar.
Present: PESCE, P.J., WESTON and RIOS, JJ.
ORDERED that the order is affirmed, without costs.
In this action to recover for, among other things, breach of a credit card agreement, the parties entered into a stipulation of settlement pursuant to which defendant was required to make monthly installment payments of $200, for a total of $10,000. Defendant moved to vacate the stipulation of settlement on the ground, among others, that the amount plaintiff claimed due in the action was incorrect. The Civil Court denied the motion.
It is well settled that stipulations of settlement are judicially favored and will not be easily 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 settlement may be vacated on grounds sufficient to set aside a contract, no such grounds were sufficiently alleged by defendant in this action ( see Nash v. Yablon–Nash, 61 AD3d 832 [2009] ).
Accordingly, the order is affirmed.