| Macaluso v Macaluso |
| 2009 NY Slip Op 04205 [62 AD3d 963] |
| May 26, 2009 |
| Appellate Division, Second Department |
| Anthony Macaluso, Sr., Appellant, v Santo Macaluso, Jr.,et al., Respondents. |
—[*1] Anthony P. Gallo, P.C., Commack, N.Y. (Anthony J. Gallo of counsel), forrespondents.
In an action, inter alia, pursuant to Business Corporation Law § 716 to remove thedefendant Santo Macaluso, Jr., as an officer and director of the defendant S&M Heating Corp.,the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court,Suffolk County (Emerson, J.), dated February 5, 2008, as denied his cross motion to set aside thestipulation of settlement entered into by the parties on July 6, 2007.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiff's cross motion to set aside the parties'stipulation of settlement. "Stipulations of settlement are favored by the courts and are not to belightly set aside, especially where, as here, the party seeking to vacate the stipulation wasrepresented by counsel" (Kelley vChavez, 33 AD3d 590, 591 [2006] [citation omitted]; see Hallock v State of NewYork, 64 NY2d 224, 230 [1984]; Trakansook v Kerry, 45 AD3d 673 [2007]; Town ofClarkstown v M.R.O. Pump & Tank, 287 AD2d 497, 498 [2001]). Moreover, parties seekingto set aside such a stipulation will be granted such relief only upon a showing of good causesufficient to invalidate a contract, such as fraud, overreaching, duress, or mistake (seeMcCoy v Feinman, 99 NY2d 295, 302 [2002]; Hallock v State of New York, 64NY2d at 230; Trakansook v Kerry,45 AD3d 673 [2007]; Kelley v Chavez, 33 AD3d at 591; Town of Clarkstown vM.R.O. Pump & Tank, 287 AD2d at 498). Here, the plaintiff's submissions failed todemonstrate good cause to set aside the stipulation. Skelos, J.P., Fisher, Leventhal and Lott, JJ.,concur. [See 2008 NY Slip Op 30380(U).]