Forensic CPA, P. C. v. Hasho

Appellate Division of the Supreme Court of New York

Forensic CPA, P. C. v. Hasho

260 A.D.2d 427, 687 N.Y.S.2d 720, 1999 N.Y. App. Div. LEXIS 3865

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

DecidedApril 12, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 427 (Forensic CPA, P. C. v. Hasho) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Forensic CPA, P. C. v. Hasho, 260 A.D.2d 427, 687 N.Y.S.2d 720, 1999 N.Y. App. Div. LEXIS 3865 (N.Y. Ct. App. 1999).

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Opinion

—In a turnover proceeding pursuant to CPLR 5225 (a), the defendant appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated April 16, 1998, which, inter alia, directed him to turn over certain shares of stock and other securities to satisfy a judgment entered against him upon his confession of judgment.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are highly favored by the courts and will not lightly be set aside (see, Gildston v Terilli, 146 AD2d 738; Passavanti v Pezzullo, 133 AD2d 75). Under the circumstances of this case, the defendant’s failure to comply with the material terms of certain stipulations of settlement upon which the confession of judgment was based justified the court’s enforcement of the judgment (see, Mill Rock Plaza Assocs. v Lively, 224 AD2d 301). S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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—In a turnover proceeding pursuant to CPLR 5225 (a), the defendant appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated April 16, 1998, which, inter alia, directed him to turn over certain shares of stock and other securities to satisfy a judgment entered against him upon his confession of judgment.

Ordered that the order is affirmed, with costs.

Stipulations of settlement are highly favored by the courts and will not lightly be set aside (see, Gildston v Terilli, 146 AD2d 738; Passavanti v Pezzullo, 133 AD2d 75). Under the circumstances of this case, the defendant’s failure to comply with the material terms of certain stipulations of settlement upon which the confession of judgment was based justified the court’s enforcement of the judgment (see, Mill Rock Plaza Assocs. v Lively, 224 AD2d 301). S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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260 A.D.2d 427, 687 N.Y.S.2d 720, 1999 N.Y. App. Div. LEXIS 3865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forensic-cpa-p-c-v-hasho-nyappdiv-1999.

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