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Chase Bank USA, N.A. v. Gupta

Appellate Term of the Supreme Court of New York, Second Department
Mar 1, 2011
2011 N.Y. Slip Op. 50325 (N.Y. App. Term 2011)

Opinion

2009-2599 Q C.

Decided March 1, 2011.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered October 8, 2009. The order denied defendant's motion for relief from a stipulation of settlement.

ORDERED that the order is affirmed, without costs.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.


In this action to recover for breach of a credit card agreement, the parties entered into an open-court stipulation of settlement pursuant to which defendant was required to make 12 monthly installment payments, totaling $8,896.23. In the event of a failure by defendant to make a payment when due, plaintiff was entitled to enter judgment in the full amount sued for, $13,646.50, after giving a 10-day written notice to cure. Defendant moved by order to show cause for relief from the stipulation of settlement. In support of his motion, he alleged that his bank account had been "frozen" by the Internal Revenue Service. The Civil Court denied the motion.

On appeal, defendant contends, for the first time, that the order denying his motion should be reversed on the ground that "the stipulation is defective because [his] Chase Bank account number is missing."

It is well settled that stipulations of settlement are judicially favored and will not be easily set aside ( Hallock v State of New York, 64 NY2d 224; Nash v Yablon-Nash, 61 AD3d 832). While stipulations of settlement may be vacated on grounds sufficient to set aside a contract, such as in instances of fraud, collusion, mistake or accident ( see Nash, 61 AD3d at 832), here no such grounds were alleged. Accordingly, the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.


Summaries of

Chase Bank USA, N.A. v. Gupta

Appellate Term of the Supreme Court of New York, Second Department
Mar 1, 2011
2011 N.Y. Slip Op. 50325 (N.Y. App. Term 2011)
Case details for

Chase Bank USA, N.A. v. Gupta

Case Details

Full title:CHASE BANK USA, N.A., Respondent, v. ANANT R. GUPTA, Appellant

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

Date published: Mar 1, 2011

Citations

2011 N.Y. Slip Op. 50325 (N.Y. App. Term 2011)