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Round v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 1984
100 A.D.2d 542 (N.Y. App. Div. 1984)

Opinion

March 12, 1984


In a proceeding to nullify and declare void certain letters of resignation submitted by petitioner Estella R. Round to appellants and to enjoin appellants from terminating her employment as a professional tenured teacher, the appeal is from an order of the Supreme Court, Putnam County (Braatz, J.), dated January 5, 1983, which granted petitioner's motion to vacate a prior order of settlement of the same court entered June 9, 1982, and restored this proceeding to the Trial Calendar. ¶ Order reversed, on the law, without costs or disbursements, motion denied and order entered June 9, 1982 reinstated. ¶ The written settlement, on its face, is definite and complete, and, as such, constitutes a valid and binding contract. Once an order of settlement is entered, the litigation is terminated; a settlement made on the record can be set aside only by a plenary action (see Teitelbaum Holdings v Gold, 48 N.Y.2d 51; Weiner v Lochner, 80 A.D.2d 727; see, also, Yoon Pil Kim v Shull, 90 A.D.2d 482). Accordingly, the granting of petitioner's motion to vacate the order of settlement and restore this proceeding to the Trial Calendar was improper. If petitioner wishes to attack the validity of the settlement (e.g., on the basis of failure of purpose or mutual mistake), then a plenary suit must be brought in equity so as to try the issue of the circumstances under which this settlement was made (see Yoon Pil Kim v Shull, supra). Mollen, P.J., Gibbons, Thompson and Rubin, JJ., concur.


Summaries of

Round v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 1984
100 A.D.2d 542 (N.Y. App. Div. 1984)
Case details for

Round v. Monk

Case Details

Full title:ESTELLA R. ROUND, Respondent, v. JAMES A. MONK, as Superintendent of…

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

Date published: Mar 12, 1984

Citations

100 A.D.2d 542 (N.Y. App. Div. 1984)

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