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Braham v. Kingsboro Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 385 (N.Y. App. Div. 2000)

Opinion

Argued May 22, 2000

August 21, 2000.

In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated April 6, 1999, which denied her motion to vacate a stipulation discontinuing the action.

Edna Braham, Brooklyn, N.Y., appellant pro se.

Vincent J. Favorito, New York, N.Y., for respondent Augustus F. Salud.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ANITA R. FLORIO, LEO F. McGINITY, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

It is well settled that stipulations are judicially favored and will not be set aside in the absence of a ground sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident (see, Hallock v. State of New York, 64 N.Y.2d 224; Morrison v. Budget Rent A Car Sys., 230 A.D.2d 253, 256; Katz v. Village of Southampton, 244 A.D.2d 461). The plaintiff, who was represented by counsel and stipulated to discontinue her action in open court, failed to make such a showing.

The plaintiff's remaining contentions are without merit.


Summaries of

Braham v. Kingsboro Medical Group

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 2000
275 A.D.2d 385 (N.Y. App. Div. 2000)
Case details for

Braham v. Kingsboro Medical Group

Case Details

Full title:EDNA BRAHAM, ETC., APPELLANT, KINGSBORO MEDICAL GROUP, ET AL., RESPONDENTS

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

Date published: Aug 21, 2000

Citations

275 A.D.2d 385 (N.Y. App. Div. 2000)
712 N.Y.S.2d 872

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