Opinion
2000-04711.
Decided December 15, 2003.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Winick, J.), dated April 3, 2000, as denied their cross motion to vacate a stipulation of settlement between the parties dated July 6, 1998.
C. Robinson Associates, P.C., New York, N.Y. (W. Charles Robinson, Judith Speiser, and Janese N. Thompson of counsel), for appellants.
MacCartney, MacCartney, Kerrigan MacCartney, Nyack, N.Y. (Harold Y. MacCartney Jr., of counsel), for defendants third-party defendants-respondents.
Before: SANDRA L. TOWNES, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellants' contention, the Supreme Court properly refused to vacate a stipulation of settlement entered into in open court pursuant to which the appellants settled their claims with all but one defendant. It is well settled that stipulations of settlement are judicially favored and should not be lightly set aside ( see Matter of Byrne v. Nassau County Bd. of Elections, 307 A.D.2d 1053). In addition, the appellants' former attorneys had apparent authority to enter into the stipulation and the appellants waited approximately 17 months before they sought to vacate the stipulation ( see Hallock v. State of New York, 64 N.Y.2d 224; Bubeck v. Main Urology Assocs., 275 A.D.2d 909; Matter of Bouloy v. Peters, 262 A.D.2d 209, 210; Ryerson v. Ryerson, 208 A.D.2d 914; Swanson v. Bryant, 160 A.D.2d 999, 1001).
The appellants' remaining contention is without merit.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.