MACALUSO v. SANTO MACALUSO

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiff's cross motion to set aside the parties' stipulation of settlement. "Stipulations of settlement are favored by the courts and are not to be lightly set aside, especially where, as here, the party seeking to vacate the stipulation was represented by counsel" ( Kelley v Chavez, 33 AD3d 590, 591 [citation omitted]; see Hallock v State of New York, 64 NY2d 224, 230; Trakansook v Kerry, 45 AD3d 673; Town of Clarkstown v M.R.O. Pump Tank, 287 AD2d 497, 498). Moreover, parties seeking to set aside such a stipulation will be granted such relief only upon a showing of good cause sufficient to invalidate a contract, such as fraud, overreaching, duress, or mistake ( see McCoy v Feinman, 99 NY2d 295, 302; Hallock v State of New York, 64 NY2d at 230; Trakansook v Kerry, 45 AD3d 673; Kelley v Chavez, 33 AD3d at 591; Town of Clarkstown v M.R.O. Pump Tank, 287 AD2d at 498). Here, the plaintiff's submissions failed to demonstrate good cause to set aside the stipulation.

[ See 2008 NY Slip Op 30380(U).]