Opinion
June 6, 2000.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 2, 1999, which, inter alia, denied defendants' motion to vacate the parties' settlement, unanimously affirmed, with costs.
Sheldon M. Greenbaum, for plaintiffs-respondents.
Eric B. Epstein, for defendants-appellants.
Before: Rosenberger, J.P., Nardelli, Mazzarelli, Lerner, Friedman, JJ.
It is well established that "[o]nly 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 made during litigation" (Hallock v. State of New York, 64 N.Y.2d 224, 230; see also, King v. New York City Health and Hosp. Corp., 267 A.D.2d 48, 699 N.Y.S.2d 280; Matter of Kanter, 209 A.D.2d 365), and here the record discloses no such ground to excuse defendants from complying with the subject stipulation of settlement, which they entered into in open court after ample consultation with their counsel.
We have considered defendants' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.