Opinion
2000-05349
Argued October 10, 2001.
March 18, 2002.
In six related actions, inter alia, for the dissolution of partnerships and an accounting, the plaintiff and the defendants jointly appeal from an order of the Supreme Court, Nassau County (Martin, J.), entered May 11, 2000, which denied their joint motion to vacate a stipulation of settlement entered in open court on July 26, 1999, settling the receiver's account, and to reopen the matter to evaluate whether the receiver's account should be approved.
Rosenberg Calica Birney, LLP, Garden City, N.Y., and Meyer, Suozzi, English Klein, P.C., Mineola, N.Y. (Robert M. Calica and Brian M. Seltzer of counsel), for appellants (one brief filed).
Rivkin Radler, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Cynthia S. Butera of counsel), for nonparty-respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court properly denied the parties' joint motion to vacate a stipulation of settlement entered into in open court with the receiver, in these related actions, inter alia, for dissolution of partnerships and an accounting. Contrary to the parties' contentions, the record does not support a claim of fraud on the basis of a material misrepresentation by the receiver or any other sufficient cause to invalidate a contract (see, Hallock v. State of New York, 64 N.Y.2d 224; Matter of Frutiger, 29 N.Y.2d 143; Royal York Realty v. Ancona, 280 A.D.2d 593).
RITTER, J.P., SANTUCCI, FEUERSTEIN and ADAMS, JJ., concur.