| Beneficial N.Y., Inc. v Sanchez |
| 2008 NY Slip Op 51037(U) [19 Misc 3d 142(A)] |
| Decided on May 23, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County
(Ben R. Barbato, J.), dated August 27, 2007, which granted defendant's motion to vacate a
judgment entered pursuant to a so-ordered stipulation.
Per Curiam.
Order (Ben R. Barbato, J.), dated August 27, 2007, reversed, with $10 costs, defendant's motion denied and judgment reinstated.
No legal basis was shown by defendant or identified by the motion court for vacating the judgment entered upon defendant's failure to comply with the payment provisions of the parties' so-ordered settlement stipulation. Stipulations of settlement are judicially favored and not lightly cast aside (see Hallock v State of New York, 64 NY2d 224, 230 [1984]). Defendant's mere lack of fund provides no basis for the relief sought (see City of New York v 130/40 Essex Street Development Corp., 302 AD2d 292, 294 [2003]).
This Constitutes the Decision and Order of the Court.
Decision Date: May 23, 2008