Appellate Division of the Supreme Court of New York, 1999

King v. New York City Health & Hospitals Corp.

King v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of New York · Decided December 7, 1999
267 A.D.2d 48; 699 N.Y.S.2d 280; 1999 N.Y. App. Div. LEXIS 12686
King v. New York City Health & Hospitals Corp.

Opinion of the Court

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 21, 1998, which granted defendant’s motion to enforce a stipulation of settlement, unanimously affirmed, without costs.

The motion was properly granted on a record demonstrating that the action was settled in open court after settlement discussions that actively engaged the parties, their attorneys and the court. Moreover, plaintiff himself acknowledged the settlement in a letter. Plaintiffs’ present dissatisfaction with the amount of the settlement is not a valid basis for vacating the settlement, absent a showing of fraud, collusion, mistake or accident (see, Hallock v State of New York, 64 NY2d 224, 230). We have considered plaintiffs’ remaining contentions and find them unavailing. Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.

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