| Lenox Ct. Hdfc v Nikki Sterling |
| Motion No: 2016-01632 KC |
| Slip Opinion No: 2017 NY Slip Op 96380(U) |
| Decided on December 14, 2017 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Lenox Court HDFC, Respondent, v Nikki Sterling, Appellant. |
Motion by appellant to vacate (1) a stipulation of settlement dated July 18, 2017, in which it was agreed, among other things, that appellant would withdraw an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 22, 2016, and (2), in effect, a withdrawal order of this court dated September 8, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to appellant seeking to enforce the stipulation, or rescind it based on a material breach, in a proper forum.
We note that a mistake of law is not a sufficient ground for vacating a stipulation (see Varveris v Fisher, 229 AD2d 573 [1986]; Birchwood Towers No. 2 Assoc. v Schwartz, 98 AD2d 699 [1983]; 2 Carmody-Wait 2d § 7:61 at 250).
ENTER:
Paul Kenny
Chief Clerk