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BANK OF AMERICA NATIONAL ASSOCIATION v. LAM

8950, 115035/09.

102 A.D.3d 439 (2013)

956 N.Y.S.2d 880

2013 NY Slip Op 38

BANK OF AMERICA NATIONAL ASSOCIATION, as Successor by Merger to LASALLE BANK NATIONAL ASSOCIATION, Plaintiff, v. CHAU T. LAM et al., Appellants, and YAH RONG TING, Respondent, et al., Defendants.

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

Decided January 8, 2013.

In this foreclosure action, the motion court improperly modified the parties' so-ordered stipulation with regard to the agreed-upon minimum sale price of the property jointly owned by Ting and defendants-appellants, the latter whom opposed the modification. Ting did not establish that she should be relieved from the consequences of the stipulation due to fraud, collusion, mistake or accident (see Hallock v State of New York, 64 N.Y.2d 224

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