Kalmus v. Oystermen's Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Kalmus v. Oystermen's Bank & Trust Co.

62 A.D.2d 1050, 404 N.Y.S.2d 547, 1978 N.Y. App. Div. LEXIS 11134

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

DecidedApril 24, 1978

StatusPublished

This text of 62 A.D.2d 1050 (Kalmus v. Oystermen's Bank & Trust Co.) 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.

Bluebook

Kalmus v. Oystermen's Bank & Trust Co., 62 A.D.2d 1050, 404 N.Y.S.2d 547, 1978 N.Y. App. Div. LEXIS 11134 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County, dated June 28, 1977, which denied their motion to vacate and set aside a stipulation of settlement and to restore the action to the Trial Calendar. Order affirmed, without costs or disbursements. Under the circumstances, the Special Term did not err in denying plaintiffs’ motion to vacate a stipulation of settlement and to restore the action to the Trial Calendar. The stipulation was complete and was knowingly entered into by the parties in open court, in the presence of counsel and after thorough questioning by the Trial Justice. No evidence of fraud, duress or overreaching has been presented. Titone, J. P., Suozzi, Margett and O’Connor, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County, dated June 28, 1977, which denied their motion to vacate and set aside a stipulation of settlement and to restore the action to the Trial Calendar. Order affirmed, without costs or disbursements. Under the circumstances, the Special Term did not err in denying plaintiffs’ motion to vacate a stipulation of settlement and to restore the action to the Trial Calendar. The stipulation was complete and was knowingly entered into by the parties in open court, in the presence of counsel and after thorough questioning by the Trial Justice. No evidence of fraud, duress or overreaching has been presented. Titone, J. P., Suozzi, Margett and O’Connor, JJ., concur.

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Bluebook (online)

62 A.D.2d 1050, 404 N.Y.S.2d 547, 1978 N.Y. App. Div. LEXIS 11134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalmus-v-oystermens-bank-trust-co-nyappdiv-1978.