Opinion
July 13, 1998
Appeal from the Supreme Court, Richmond County (Scholnick, J.).
Ordered that the order is affirmed, without costs or disbursements.
Stipulations of settlement are favored by the courts and are not lightly set aside ( see, Matter of Galasso, 35 N.Y.2d 319, 321; see also, Katz v. Village of Southampton, 244 A.D.2d 461; Morrison v. Budget Rent A Car Sys., 230 A.D.2d 253; Perrino v. Bimasco, Inc., 234 A.D.2d 281). Only where there is cause sufficient to invalidate a contract such as fraud, collusion, mistake, or accident will a party be relieved from the consequences of a stipulation ( see, Hallock v. State of New York, 64 N.Y.2d 224, 230). Here, the appellant failed to make a prima facie showing that any of these factors were present. Indeed, the record reflects that she willingly, voluntarily, and knowingly entered into this stipulation in open court and in the presence of her attorneys.
In addition, the stipulation of settlement was not unconscionable ( see, Gillman v. Chase Manhattan Bank, 73 N.Y.2d 1).
The appellant's remaining contentions are without merit.
Bracken, J. P., Pizzuto, Altman and Luciano, JJ., concur.