After signing a stipulation of settlement in a nonpayment proceeding, SR sought to vacate or annul the agreement.
When the Queens County Civil Court denied that request, SR appealed.
On its review of the record, the Appellate Term, Second Department, noted that because settlements are “judicially favored,” they will not be lightly set aside. And while SR claimed to be “old and stressed” at the time she acquiesced to the terms, that wasn’t a sufficient basis to annul the arrangement, citing the need for clear evidence of “fraud, collusion, mistake, accident or other ground sufficient to invalidate a contract.”
Absent “extraordinary circumstances or fraud,” the AT2 left the outcome undisturbed.
Do you think she favored that?
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DECISION