Kim v. Atlantic Paratrans, Inc.

Appellate Division of the Supreme Court of New York

Kim v. Atlantic Paratrans, Inc.

293 A.D.2d 451, 739 N.Y.S.2d 650, 2002 N.Y. App. Div. LEXIS 3380

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

DecidedApril 1, 2002

StatusPublished

This text of 293 A.D.2d 451 (Kim v. Atlantic Paratrans, Inc.) 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

Kim v. Atlantic Paratrans, Inc., 293 A.D.2d 451, 739 N.Y.S.2d 650, 2002 N.Y. App. Div. LEXIS 3380 (N.Y. Ct. App. 2002).

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Opinion

In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated June 26, 2001, as, upon granting that branch of the plaintiffs’ motion which was for leave to renew a prior motion to set aside a stipulation of settlement which was denied by an order of the same court, dated March 2, 2001, vacated the stipulation and restored the case to the calendar.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to set aside the stipulation of settlement is denied, the stipulation of settlement is reinstated, and the action is discontinued.

There is no basis for setting aside the stipulation of settlement, which was entered into between the parties in open court (see Hallock v State of New York, 64 NY2d 224, 230; Crenshaw Bldrs. v Summit Gen. Contr. Corp., 259 AD2d 595). Accordingly, the Supreme Court erred in granting that branch of the plaintiffs’ motion which was to vacate it. Altman, J.P., Florio, H. Miller and Cozier, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated June 26, 2001, as, upon granting that branch of the plaintiffs’ motion which was for leave to renew a prior motion to set aside a stipulation of settlement which was denied by an order of the same court, dated March 2, 2001, vacated the stipulation and restored the case to the calendar.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to set aside the stipulation of settlement is denied, the stipulation of settlement is reinstated, and the action is discontinued.

There is no basis for setting aside the stipulation of settlement, which was entered into between the parties in open court (see Hallock v State of New York, 64 NY2d 224, 230; Crenshaw Bldrs. v Summit Gen. Contr. Corp., 259 AD2d 595). Accordingly, the Supreme Court erred in granting that branch of the plaintiffs’ motion which was to vacate it. Altman, J.P., Florio, H. Miller and Cozier, JJ., concur.

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Bluebook (online)

293 A.D.2d 451, 739 N.Y.S.2d 650, 2002 N.Y. App. Div. LEXIS 3380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kim-v-atlantic-paratrans-inc-nyappdiv-2002.

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