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Weiss v. 103 Central Park West Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 678 (N.Y. App. Div. 1989)

Opinion

May 22, 1989

Appeal from the Supreme Court, Nassau County (Oppido, J.).


Ordered that the order is affirmed, with costs.

It is well settled that stipulations of settlement meet with judicial favor, especially where, as here, the terms are read into the record in open court and the party seeking to vacate the stipulation was represented by counsel (see, Hallock v State of New York, 64 N.Y.2d 224, 230-231; Ianielli v North Riv. Ins. Co., 119 A.D.2d 317, 321). We are convinced that the plaintiff's allegations constitute an insufficient basis upon which to vacate the stipulation of settlement in this action since it is clear that both her attorney and the court participated in the settlement negotiations for days (see, Perone v Nicklas, 99 A.D.2d 484, 486, lv dismissed 64 N.Y.2d 646, rearg denied 64 N.Y.2d 1041; Matter of Finkelstein, 1 Misc.2d 1067, 1069, lv dismissed 6 A.D.2d 1055).

We have considered the plaintiff's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Eiber and Spatt, JJ., concur.


Summaries of

Weiss v. 103 Central Park West Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 678 (N.Y. App. Div. 1989)
Case details for

Weiss v. 103 Central Park West Corp.

Case Details

Full title:LYNN WEISS, Individually and as Administratrix of the Estate of WILLIAM G…

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

Date published: May 22, 1989

Citations

150 A.D.2d 678 (N.Y. App. Div. 1989)

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