M.H. Kane Construction, Inc. v. Byrd
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Klein, J.), dated June 13, 2000, which denied her motion to vacate a stipulation of settlement dated August 2, 1999, and the judgment entered thereon on December 8, 1999.
Ordered that the order is affirmed, with costs.
It is well settled that “ [stipulations of settlement are favored by the courts and not lightly cast aside * * * Only where there is cause sufficient to invalidate a contract, such as * * * mistake * * * will a party be relieved from the…
2Cases cited6 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Denburg v. Flattau & KlimplNew York Court of Appeals · 1993
- Cavalli v. CavalliAppellate Division of the Supreme Court of the State of New York · 1996
- Hillcrest Realty Co. v. GottliebAppellate Division of the Supreme Court of the State of New York · 1996
- React Service, Inc. v. RindosAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by1 opinion
- Lukaszuk v. LukaszukAppellate Division of the Supreme Court of the State of New York · 2003