MATTER OF NEW YORK FOUND. FOR SENIOR CITIZENS v. HAMILTON

8748, 500017/17.

170 A.D.3d 543 (2019)

96 N.Y.S.3d 52

2019 NY Slip Op 02044

In the Matter of New York Foundation for Senior Citizens, Respondent, v. William Hamilton, Respondent. 1983 Heights, LLC, Nonparty Appellant.

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

Decided March 19, 2019.


The court properly exercised its discretion to vacate the stipulation, which was so-ordered by the Housing Court without allocuting respondent. Although stipulations of settlement are generally favored and will not lightly be set aside, a court may exercise its discretion to do so where there is a showing of "fraud, collusion, mistake, accident, or some other ground of the same nature," including a showing that a party "has inadvertently, unadvisably or improvidently entered...

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