Opinion
570461/07.
Decided July 22, 2008.
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), dated July 12, 2007, which denied its motion to vacate a stipulation of settlement in a commercial nonpayment summary proceeding.
Order (Anil C. Singh, J.), dated July 12, 2007, affirmed, with $10 costs.
PRESENT: DAVIS, J.P., SCHOENFELD, HEITLER, JJ.
Stipulations in settlement of disputes are judicially favored and not lightly cast aside ( see Board of Managers of the Atrium Condominium v West 79th St. Corp., 19 AD3d 241), unless there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident ( see Hallock v State of New York, 64 NY2d 224,230 [1984]). Tenant herein failed to demonstrate legal cause to vacate the stipulation settling the underlying commercial nonpayment summary proceeding. Landlord's alleged interference with tenant's use of a building escalator provided no basis to relieve tenant from its rental obligations under the stipulation, particularly where neither the stipulation nor the governing lease agreement contained any provision permitting tenant's use of the escalator.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.