Beneficial N.Y., Inc. v. White

Full title: BENEFICIAL NEW YORK, INC., Plaintiff-Respondent, v. DEBORAH F. WHITE…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jan 31, 2008

2008 N.Y. Slip Op. 50179 (N.Y. App. Term 2008)

Opinion

570748/06.

Decided on January 31, 2008.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated March 23, 2006, which denied her motion to vacate a stipulation of settlement.

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.

PER CURIAM.

Order (Geoffrey D. Wright, J.), dated March 23, 2006, affirmed, with $10 costs.

Defendant failed to demonstrate legal cause to vacate the parties' so-ordered stipulation of settlement ( see Hallock v State of New York, 64 NY2d 224, 230) or to show that it would be inequitable to hold the parties to their bargain ( see Matter of Frutiger, 29 NY2d 143, 149-150). Furthermore, defendant implicitly ratified the settlement stipulation by waiting more than nine months after its execution before moving to vacate it on the ground of duress ( see Hawkins v City of New York , 40 AD3d 327; see also 580 St. Nicholas LLC v Adams, 8 Misc 3d 132[A], 2005 NY Slip Op 51095[U] [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.