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RABINOVICH v. WOMACK

57 A.D.3d 866 (2008)

868 N.Y.S.2d 924

ROMAN RABINOVICH, Plaintiff, and EDWARD L. SMITH, Appellant, v. JO ANN WOMACK et al., Defendants, and DUNOLLY OWNERS' CORP., Respondent. (And a Third-Party Action.)

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

December 23, 2008.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not to be lightly cast aside (see Hallock v State of New York, 64 N.Y.2d 224, 230 [1984]). "Only where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved from the consequences of a stipulation made during litigation" (Hallock v State of New...

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