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DOE v. MARZOLF

258 A.D.2d 970 (1999)

685 N.Y.S.2d 346

JOHN DOE, Appellant, v. PAUL MARZOLF, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 10, 1999.

Order unanimously reversed on the law with costs, motion denied and stipulation reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion to vacate and set aside the parties' stipulation. "Unless public policy is violated, the parties are free to chart their own procedural course, and `"may fashion the basis upon which a particular controversy will be resolved"' (Mitchell v New York Hosp.,

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