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Central Park S. Assoc., LLC v Nesenoff
2006 NY Slip Op 51452(U) [12 Misc 3d 145(A)]
Decided on July 24, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 24, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Gangel-Jacob, JJ
.

Central Park South Associates, LLC, Petitioner-Landlord-Respondent, #570182/06

against

Julie Carter Nesenoff, a/k/a Julie Carter, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court, New York County (David B. Cohen, J.), entered April 3, 2006, which denied her motion to vacate a stipulation of settlement.


PER CURIAM:

Order (David B. Cohen, J.), entered April 3, 2006, affirmed, with $10 costs, for the reasons stated by David B. Cohen, J. at the Civil Court.

The settlement stipulation entered into by tenant upon advice of counsel was not unconscionable merely because in handsight it may not have been as favorable as originally anticipated (see Prince v Great Am. Ins. Co., 186 AD2d 422 [1992]). Tenant's present claim that the stipulation was the product of duress, to the extent preserved for appellate review, is unsupported by the record.

This constitutes the decision and order of the court.
Decision Date: July 24, 2006