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MATTHEWS v. CASTRO

35 A.D.3d 403 (2006)

830 N.Y.S.2d 154

NISSAN MATTHEWS, Appellant, v. LUIS F. CASTRO et al., Defendants and Third-Party Plaintiffs-Respondents. ERIK J. RUDNICKI, Third-Party Defendant, and ALAMO FINANCING, L.P., et al., Third-Party Defendants-Respondents.

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

Decided December 5, 2006.

Ordered that the order is affirmed, with costs payable to the defendants third-party plaintiffs-respondents.

"Stipulations are favored by the courts and will be set aside only upon a showing of good cause sufficient to invalidate a contract, such as fraud, overreaching, duress, or mistake" (G&S Clam Bar v Melillo, 302 A.D.2d 492, 492 [2003]; see Hallock v State of New York, 64 N.Y.2d 224

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