Myers v. Bernard

Appeal from an order of the Supreme Court at Special Term, entered April 14, 1971 in Schenectady County, which set aside a settlement agreed upon at a pretrial conference and restored the action to the General Trial Calendar. Stipulations of settlement, which do much to alleviate overburdened court calendars, are favored by the courts and will not be set aside absent a showing of such good cause as would invalidate a contract (Schweber v. Berger, 27 A D 2d 840; Hegeman v. Conrad, 1 A D 2d 788). No such basis has been demonstrated here. There is no proof of mutual mistake of a material fact…