Opinion
Submitted May 15, 2001.
June 25, 2001.
In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Klein, J.), dated June 13, 2000, which denied her motion to vacate a stipulation of settlement dated August 2, 1999, and the judgment entered thereon on December 8, 1999.
Lawrence V. Carra, Mineola, N.Y., for appellant. David K. Lieb, P.C., Center Moriches, N.Y. (Andrea L. Thompson of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
It is well settled that "[s]tipulations of settlement are favored by the courts and not lightly cast aside * * * Only where there is cause sufficient to invalidate a contract, such as * * * mistake * * * will a party be relieved from the consequences of a stipulation made during litigation" (Hallock v. State of New York, 64 N.Y.2d 224, 230; see also, Denburg v. Parker Chapin Flattau Klimpl, 82 N.Y.2d 375; Hillcrest Realty Co. v. Gottlieb, 234 A.D.2d 270). The defendant's allegations of mistake are insufficient to warrant setting aside the stipulation of settlement which she entered into during trial (see, React Serv. v. Rindos, 243 A.D.2d 552; Hillcrest Realty Co. v. Gottlieb, supra). Furthermore, the transcript of the settlement which was placed on the record belies the defendant's allegations that it was procured through coercion or under duress. Accordingly, the Supreme Court properly denied the motion to vacate the stipulation of settlement and the judgment entered thereon (see, Lefkowitz v. Lefkowitz, 276 A.D.2d 598; Cavalli v. Cavalli, 226 A.D.2d 666).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.