Matter of Fabrizi v. Kramer

Full title: In the Matter of CLAUDIO FABRIZI, Respondent, v. PAUL KRAMER, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 21, 1994

209 A.D.2d 615 (N.Y. App. Div. 1994)

619 N.Y.S.2d 653

Opinion

November 21, 1994

Appeal from the Supreme Court, Kings County (Vinik, J.).

Ordered that the order is affirmed, with costs.

The court did not err in directing the appellant to comply with the provisions of a stipulation which was entered into by the parties in open court with their counsel present. The terms of the stipulation were clear, and, in the absence of evidence that the stipulation was predicated upon fraud, collusion, mistake, or accident, the appellant was not entitled to relief from its consequences (see, Hallock v. State of New York, 64 N.Y.2d 224; Bellefleur v. Gervais, 201 A.D.2d 524; Bailey v. New York City Tr. Auth., 196 A.D.2d 854).

We have reviewed the appellant's remaining contentions and find them to be without merit. Miller, J.P., O'Brien, Joy and Krausman, JJ., concur.