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PASTEUR v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

241 A.D.2d 305 (1997)

660 N.Y.S.2d 6

Eric Pasteur, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority et al., Respondents

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

July 1, 1997

While it is true, as plaintiff contends, that a stipulation may be set aside on the basis of unilateral mistake (see, Matter of Frutiger, 29 N.Y.2d 143, 149-150), the type of unilateral mistake involved herein does not constitute good cause for such relief. According to plaintiff's counsel, he entered into a stipulation discontinuing plaintiff's action against MABSTOA based upon what turned out to be the mistaken belief that...

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