Beneficial N.Y., Inc. v. Sanchez

Full title: BENEFICIAL NEW YORK, INC., Plaintiff-Appellant, v. ANGELA SANCHEZ…

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

Date published: May 23, 2008

2008 N.Y. Slip Op. 51037 (N.Y. App. Term 2008)

Opinion

570750/07.

Decided May 23, 2008.

Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Ben R. Barbato, J.), dated August 27, 2007, which granted defendant's motion to vacate a judgment entered pursuant to a so-ordered stipulation.

Order (Ben R. Barbato, J.), dated August 27, 2007, reversed, with $10 costs, defendant's motion denied and judgment reinstated.

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.

PER CURIAM.

No legal basis was shown by defendant or identified by the motion court for vacating the judgment entered upon defendant's failure to comply with the payment provisions of the parties' so-ordered settlement stipulation. Stipulations of settlement are judicially favored and not lightly cast aside ( see Hallock v State of New York, 64 NY2d 224, 230). Defendant's mere lack of fund provides no basis for the relief sought ( see City of New York v 130/40 Essex Street Development Corp., 302 AD2d 292, 294).

This Constitutes the Decision and Order of the Court.