In this action seeking to recover monies owed, the parties entered into a stipulation of settlement pursuant to which defendant was required to make installment payments. Upon defendant's failure to make a payment when due, plaintiff was entitled to enter judgment. A judgment was subsequently entered, and defendant moved to vacate same. In support of the motion, defendant acknowledged that he had defaulted in making the payments required under the stipulation, and explained that his failure to comply with the stipulation was due to his lack of employment.
It is well settled that open-court stipulations of settlement are judicially favored and will not easily be set aside ( see generally Hallock v State of New York, 64 NY2d 224; Mitchell v New York Hosp., 61 NY2d 208; Nash v Yablon-Nash, 61 AD3d 832; Matter of Blackstock v Price, 51 AD3d 914; Matter of Romero v Martinez, 280 AD2d 58). While stipulations of settlement may be vacated on grounds sufficient to set aside a contract, such as in instances of fraud, collusion, mistake or accident ( see Nash, 61 AD3d 832; Matter of Blackstock, 51 AD3d 914), here there is no such ground alleged. Defendant's contention on appeal that he did not admit to a breach of the stipulation is belied by his own affidavit in support of the motion to vacate the judgment. Moreover, defendant refers to matters dehors the record which matters cannot be considered on the appeal. Accordingly, the order denying defendant's motion must be affirmed. However, in the interest of justice, the affirmance is without prejudice to defendant, if he be so advised, moving in the Civil Court to vacate the judgment on the basis of recently obtained documents ( see CPLR 5015 [a] [2]).
Rios, J.P., Pesce and Golia, JJ., concur.