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MAHON v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

303 A.D.2d 725 (2003)

756 N.Y.S.2d 875

ANGELA MAHON, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Appellants.

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

Decided March 31, 2003.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

In order to vacate the stipulation of settlement on the ground of mutual mistake, the plaintiff was required to demonstrate that the mistake existed at the time the stipulation was entered into and that it was so substantial that the stipulation failed to represent a true meeting of the parties' minds (see Matter of Gould v Board of Educ. of Sewanhaka Cent. High School Dist.,<...

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