BANK OF AM. NATL. ASSN. v. LAM

8950, 115035/09.

2013 NY Slip Op 00038

BANK OF AMERICA NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, ETC., Plaintiff, v. CHAU T. LAM, ET AL., Defendants-Appellants, YAH RONG TING, Defendant-Respondent, ADAMAR OF NEW JERSEY INC., ET AL., Defendants.

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

Decided January 8, 2013.


Attorney(s) appearing for the Case

Mark L. Cortegiano , Middle Village, for appellants.

Rubin & Licatesi, P.C., Garden City ( Richard L. Rubin of counsel), for respondent.

Before: Tom, J.P., Andrias, Freedman, Román, Gische, JJ.


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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