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EL v. SCHERTZ
Appellate Division of the Supreme Court of New York, Second Department.
Oct 3, 2006
Ordered that the order is affirmed, with costs.
The plaintiff failed to make a sufficient showing to vacate the stipulation of discontinuance based on unilateral mistake ( see Matter of Frutiger, 29 NY2d 143, 150; G S Clam Bar v Melillo, 302 AD2d 492; Karapetyan v Underwood, 287 AD2d 547). Accordingly, the Supreme Court properly denied the plaintiff's motion.
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