McDermott v. City of New York

Full title: JAMES P. McDERMOTT, Plaintiff, v. CITY OF NEW YORK, et al., Defendants

Court: United States District Court, S.D. New York

Date published: Sep 30, 2002

00 Civ. 8311 (LAK) (S.D.N.Y. Sep. 30, 2002)

Opinion

00 Civ. 8311 (LAK).

September 30, 2002

ORDER

LEWIS A. KAPLAN, District Judge

Plaintiff moves to vacate the judgment, entered following his agreement to settle this case with the City, on the ground of fraud or other misconduct. His contentions that (a) the settlement is invalid because it was negotiated in July in a hot conference room, and (b) the City engaged in misconduct by filing the stipulation of settlement without his consent are frivolous. The Court has considered his other points, which are equally without merit. The motion therefore is denied.

The Court previously has entered an order directing the City to comply with the terms of the settlement on or before October 25, 2002 and providing that plaintiff may move to reopen the matter if it has not done so by November 24, 2002. That is more than sufficient to protect plaintiff's rights.

SO ORDERED.