Legal Opinion
El v. Schertz
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J), dated December 7, 2004, which denied her motion to vacate a stipulation of discontinuance dated December 12, 2003, and to restore the action to the trial calendar with respect to the defendant Mark Klutsman.
Ordered that the order is affirmed, with costs.
The plaintiff failed to make a sufficient showing to vacate the stipulation of discontinuance based on unilateral mistake (see Matter of Frutiger, 29 NY2d 143, 150; G&S Clam Bar v Melillo, 302 AD2d 492…
2Cases cited3 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- G&S Clam Bar, Inc. v. MelilloAppellate Division of the Supreme Court of the State of New York · 2003
- Karapetyan v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by4 opinions
- Moshe v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2008
- Utica Mutual Insurance v. Swim Tech Pool Services Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Matthews v. CastroAppellate Division of the Supreme Court of the State of New York · 2006
- Banana Kelly Union HDFC v. ChambersAppellate Terms of the Supreme Court of New York · 2016