Opinion
Submitted November 29, 1999
December 27, 1999
In an action, inter alia, to rescind the parties' stipulation of settlement, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), dated September 14, 1998, as granted that branch of the defendant's motion which was for summary judgment dismissing the first cause of action of the complaint.
Carl G. Cohen, Carle Place, N.Y., for appellant.
Timothy W. McNamara (Majewski Poole, LLP, Garden City, N Y [Michael Majewski, Nicole Norris Poole, and Anita Yehuda] of counsel), for respondent.
GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff contends that the parties' stipulation of settlement should be rescinded because, inter alia, he was not competent to enter into the agreement and was not adequately represented by counsel. We disagree.
Stipulations of settlement are favored by the courts and will not be set aside in the absence of fraud, overreaching, mistake, or duress (see, Enright v. Vasile, 205 A.D.2d 732, 733 ). Here, the plaintiff failed to establish any ground to rescind the parties' stipulation of settlement (see, Roth v. Evangelista, 248 A.D.2d 369 ;Morris v. Morris, 205 A.D.2d 914, 915 ).
MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.