Appeal from an order of the Civil Court of the City of New York, Kings County (Anthony J. Fiorella, Jr., J.), dated February 3, 2009. The order denied occupant's motion to vacate a stipulation of settlement and the final judgment entered pursuant thereto.

Order affirmed without costs.

Landlord, the new owner of the building, brought this summary proceeding pursuant to RPAPL 713 (11) to recover possession of the superintendent's apartment from occupant, the former superintendent whose employment was terminated by landlord soon after the transfer of ownership. The parties entered into a stipulation of settlement, with the benefit of counsel, in which it was agreed that occupant would vacate the apartment within two months. It was further agreed that landlord would waive all use and occupancy, provided occupant vacated the apartment by the specified date. Occupant appeals from the denial of his second motion to vacate the stipulation and the final judgment entered pursuant to that stipulation.

Settlement stipulations are favored and will not be undone absent proof that the settlement was obtained by fraud, collusion, mistake, accident or other ground sufficient to invalidate a contract (see e.g. Hallock v State of New York, 64 NY2d 224 [1984]; Matter of Frutiger, 29 NY2d 143 [1971]). Occupant did not demonstrate the existence of cause sufficient to invalidate the stipulation. Accordingly, the order is affirmed.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: July 14, 2009