Opinion
570068/06.
Decided December 19, 2008.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Saliann Scarpulla, J.), entered September 10, 2007, which denied his motion to vacate a stipulation of settlement and granted defendant's cross motion to enforce the settlement.
Order (Saliann Scarpulla, J.), entered September 10, 1997, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Davis, Heitler, JJ.
Civil Court properly denied plaintiff's motion to vacate the stipulation of settlement ( see Hallock v State of New York, 64 NY2d 224). "An open court stipulation is an independent contract between the parties and will be enforced according to its terms unless there is proof of fraud, duress, overreaching or unconscionability" ( Ross v Clyde Beatty-Cole Brothers Circus, 26 AD3d 321). Generalized, unsubstantiated contentions that plaintiff was pressured to enter into the stipulation were insufficient to invalidate the settlement ( id. at 322; see also Juhasz v New York City Tr. Auth., 49 AD2d 730).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.