| Beneficial N.Y., Inc. v White |
| 2008 NY Slip Op 50179(U) [18 Misc 3d 135(A)] |
| Decided on January 31, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, New York
County (Geoffrey D. Wright, J.), dated March 23, 2006, which denied her motion to vacate a
stipulation of settlement.
Per Curiam.
Order (Geoffrey D. Wright, J.), dated March 23, 2006, affirmed, with $10 costs.
Defendant failed to demonstrate legal cause to vacate the parties' so-ordered stipulation of
settlement (see Hallock v State of New York, 64 NY2d 224, 230 [1984]) or to show that
it would be inequitable to hold the parties to their bargain (see Matter of Frutiger, 29
NY2d 143, 149-150 [1971]). Furthermore, defendant implicitly ratified the settlement stipulation
by waiting more than nine months after its execution before moving to vacate it on the
ground of duress (see Hawkins v
City of New York, 40 AD3d 327 [2007]; see also 580 St. Nicholas LLC v Adams,
8 Misc 3d 132[A], 2005 NY Slip Op 51095[U] [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concu
Decision Date: January 31, 2008r