Pasteur v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about May 17, 1996, which, in an action to rescind a stipulation discontinuing as against defendant Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) and its bus driver plaintiff’s personal injury action, after a hearing, insofar as appealed from as limited by plaintiff’s brief, granted MABSTOA’s motion to dismiss the complaint, unanimously affirmed, without costs.

While it is true, as plaintiff contends, that a stipulation may be set aside on the basis of unilateral mistake (see, Matter of Frutiger, 29…