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Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 607 (N.Y. App. Div. 1999)

Opinion

March 15, 1999

Appeal from the Supreme Court, Nassau County (Ain, J.).


Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not lightly set aside. A stipulation of settlement, particularly one made in open court, is to be strictly enforced, and a party will not be relieved from the consequences of a stipulation unless it establishes cause sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident ( see, Wilutis v. Wilutis, 184 A.D.2d 639; HCE Assocs. v. 3000 Watermill Lane Realty Corp., 131 A.D.2d 543). Since the appellant failed to establish such sufficient cause, the Supreme Court did not err in denying his motion to be relieved of the strict terms of the settlement.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.


Summaries of

Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1999
259 A.D.2d 607 (N.Y. App. Div. 1999)
Case details for

Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. Partnership

Case Details

Full title:QUALITY CERAMIC TILE MARBLE CO., LTD., Respondent, v. CHERRY VALLEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 15, 1999

Citations

259 A.D.2d 607 (N.Y. App. Div. 1999)
686 N.Y.S.2d 797

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