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PERALTA v. ALL WEATHER TIRE SALES & SERVICE, INC.

58 A.D.3d 822 (2009)

873 N.Y.S.2d 111

GUSTAVO PERALTA et al., Respondents, v. ALL WEATHER TIRE SALES & SERVICE, INC., et al., Defendants, DANILO MENDEZ, Appellant, and FALKEN TIRE CORP. et al., Defendants and Third-Party Plaintiffs. ROSEMARY PERALTA, Third-Party Defendant-Appellant. (And Additional Third-Party Actions.)

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

January 27, 2009.

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

Stipulations of settlement are judicially favored, will not lightly be set aside, and "are to be enforced with rigor and without a searching examination into their substance" as long as they are "clear, final and the product of mutual accord" (Bonnette v Long Is. Coll. Hosp., 3 N.Y.3d 281, 286 [2004]; see Cooper v Hempstead Gen. Hosp.,

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