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Loftin v. Ortiz

Appellate Term of the Supreme Court of New York, First Department
Nov 6, 2009
2009 N.Y. Slip Op. 52237 (N.Y. App. Term 2009)

Opinion

570500/09.

Decided November 6, 2009.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Peter H. Moulton, J.), entered April 25, 2008, which denied his motion to vacate a stipulation of settlement.

Order (Peter H. Moulton, J.), entered April 25, 2008, affirmed, without costs.

PRESENT: McKeon, P.J., Hunter, JJ.


Stipulations of settlement of disputes are judicially favored and not lightly cast aside unless there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident ( see Hallock v State of New York, 64 NY2d 224, 230). There was no showing of good cause to set aside the so-ordered stipulation of settlement between the parties. The record demonstrates that, in response to extensive questioning by the court, the pro se plaintiff affirmatively and repeatedly acknowledged that he understood the terms and consequences of the stipulation, pursuant to which he received ample compensation for his claims. Accordingly, Civil Court properly denied plaintiff's motion to vacate the stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur


Summaries of

Loftin v. Ortiz

Appellate Term of the Supreme Court of New York, First Department
Nov 6, 2009
2009 N.Y. Slip Op. 52237 (N.Y. App. Term 2009)
Case details for

Loftin v. Ortiz

Case Details

Full title:STEVEN D. LOFTIN, v. ANGEL ORTIZ, 79 ST. NICHOLAS PL. LTD. CORP.…

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

Date published: Nov 6, 2009

Citations

2009 N.Y. Slip Op. 52237 (N.Y. App. Term 2009)
901 N.Y.S.2d 907