[*1]
Cavalry Portfolio Servs., LLC v Williams
2013 NY Slip Op 50184(U) [38 Misc 3d 138(A)]
Decided on February 1, 2013
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-2452 K C.

Cavalry Portfolio Services, LLC as Assignee of CAVALRY SPV I, LLC, as Assignee of FIA CARD SERVICES, N.A., Respondent, —

against

Rainford E. Williams, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered August 5, 2011. The order denied defendant's motion to vacate a stipulation of settlement and restore the action to the calendar.


ORDERED that the order is affirmed, without costs.

In this action to recover for, among other things, breach of a credit card agreement, the parties entered into a stipulation of settlement pursuant to which defendant was required to make monthly installment payments of $200, for a total of $10,000. Defendant moved to vacate the stipulation of settlement on the ground, among others, that the amount plaintiff claimed due in the action was incorrect. The Civil Court denied the motion.

It is well settled that stipulations of settlement are judicially favored and will not be easily set aside (see Hallock v State of New York, 64 NY2d 224 [1984]; Matter of Frutiger, 29 NY2d 143 [1971]). While stipulations of settlement may be vacated on grounds sufficient to set aside a contract, no such grounds were sufficiently alleged by defendant in this action (see Nash v Yablon-Nash, 61 AD3d 832 [2009]).

Accordingly, the order is affirmed. [*2]

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 01, 2013