| Trakansook v Kerry |
| 2007 NY Slip Op 09021 [45 AD3d 673] |
| November 13, 2007 |
| Appellate Division, Second Department |
| Nongyaw Trakansook et al., Appellants, v Segun Kerry,Respondent. |
—[*1]
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal froman order of the Supreme Court, Queens County (Gavrin, J.), dated August 10, 2006, whichdenied their motion pursuant to CPLR 5015 to vacate a stipulation of settlement of this action.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the plaintiffs' motion to vacate a stipulation ofsettlement placed on the record in open court. Generally, "[s]tipulations of settlement are favoredby the courts and are not to be lightly set aside, especially where, as here, the part[ies] seeking tovacate the stipulation [were] represented by counsel" (Kelley v Chavez, 33 AD3d 590, 591 [2006] [citation omitted];see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Town of Clarkstown vM.R.O. Pump & Tank, 287 AD2d 497, 498 [2001]). Moreover, parties seeking to set asidesuch a stipulation will be granted such relief only upon a showing of good cause sufficient toinvalidate a contract, such as fraud, overreaching, duress or mistake (see Hallock v State ofNew York, 64 NY2d at 230; Kelley v Chavez, 33 AD3d at 591; Town ofClarkstown v M.R.O. Pump & Tank, 287 AD2d at 498). Here, the plaintiffs' submissionsfailed to demonstrate good cause sufficient to warrant vacatur of the stipulation. Crane, J.P.,Spolzino, Krausman and McCarthy, JJ., concur. [See 13 Misc 3d 1201(A), 2006 NY SlipOp 51632(U).]