Opinion
March 13, 1989
Appeal from the Supreme Court, Queens County (Lerner, J.).
Ordered that the order is affirmed, with costs.
The defendant has failed to establish any basis for vacatur of the oral stipulation entered into in open court. We have repeatedly held that relief from a stipulation of settlement will be granted only upon a showing of good cause, such as collusion, mistake, fraud, accident or a similar ground (see, Smith v Smith, 129 A.D.2d 575; Jensen v. Jensen, 110 A.D.2d 679; De Jose v De Jose, 104 A.D.2d 629). At bar, the defendant's allegations of unconscionability, fraud, overreaching, unfairness and incompetence of counsel as cause to vacate the stipulation are unsupported by the record. Moreover, neither the stipulation on its face nor the circumstances surrounding its making suggest that it was arrived at other than fairly (see, Christian v Christian, 42 N.Y.2d 63). Under the circumstances, the defendant's unsubstantiated claims that he was too ill and emotionally upset to understand the terms of the agreement are insufficient to warrant a vacatur of the stipulation (see, Smith v. Smith, supra; Zioncheck v. Zioncheck, 99 A.D.2d 563). Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.