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MATTER OF GARBER

2016-13048.

154 A.D.3d 850 (2017)

2017 NY Slip Op 07254

62 N.Y.S.3d 280

In the Matter of SAMUEL M. GARBER, Deceased. THOMAS D. GARBER, Appellant; AMY GARBER KING et al., Respondents.

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

Decided October 18, 2017.

Ordered that the order is affirmed, with costs payable by the appellant personally.

To vacate the subject stipulation of settlement on the ground of mutual mistake, the appellant was required "to demonstrate that the mistake existed at the time the stipulation was entered into and that it was so substantial that the stipulation failed to represent a true meeting of the parties' minds" (Mahon v New York City Health &...

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