Knickerbocker Properties, Inc. v. Razy

Appellate Division of the Supreme Court of New York

Knickerbocker Properties, Inc. v. Razy

202 A.D.2d 374, 610 N.Y.S.2d 10, 1994 N.Y. App. Div. LEXIS 3105

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 1994·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about July 15, 1993, which, inter alia, denied defendant’s motion to vacate a stipulation of settlement reached in open court, unanimously affirmed, with costs.

Defendant’s mistaken belief that he could avoid payment of the judgment to which he stipulated by declaring bankruptcy, when in fact as a resident alien he was not entitled to declare bankruptcy, will not justify setting aside the settlement (cf, Rivera v State of New York, 115 AD2d 431, 432, citing Hallock v State of New York, 64 NY2d 224, 230). Concur — Carro, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about July 15, 1993, which, inter alia, denied defendant’s motion to vacate a stipulation of settlement reached in open court, unanimously affirmed, with costs.

Defendant’s mistaken belief that he could avoid payment of the judgment to which he stipulated by declaring bankruptcy, when in fact as a resident alien he was not entitled to declare bankruptcy, will not justify setting aside the settlement (cf, Rivera v State of New York, 115 AD2d 431, 432, citing Hallock v State of New York, 64 NY2d 224, 230). Concur — Carro, J. P., Rosenberger, Ross, Asch and Tom, JJ.

Knickerbocker Properties, Inc. v. Razy, 202 A.D.2d 374, 610 N.Y.S.2d 10, 1994 N.Y. App. Div. LEXIS 3105 (N.Y. Ct. App. 1994).

Pincite

202 A.D.2d 374 (Knickerbocker Properties, Inc. v. Razy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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