Legal Opinion

Braham v. Kingsboro Medical Group

Appellate Division of the Supreme Court of the State of New York

Decided August 21, 2000PublishedCited by 2 opinions

1Opinion of the Court

—In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Kings County (Levine, J.), dated April 6, 1999, which denied her motion to vacate a stipulation discontinuing the action.

*386Ordered that the order is affirmed, without costs or disbursements.

It is well settled that stipulations are judicially favored and will not be set aside in the absence of a ground sufficient to invalidate a contract, such as fraud, collusion, mistake, or accident (see, Hallock v State of New York, 64 NY2d 224; Morrison v Budget Rent A Car…

2Cases cited3 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Katz v. Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by2 opinions

  1. In re the Estate of MarquezAppellate Division of the Supreme Court of the State of New York · 2002
  2. Ameropan Realty Corp. v. Rangely Lakes Corp.Appellate Division of the Supreme Court of the State of New York · 2001

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