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KIM v. ATLANTIC PARATRANS, INC

Appellate Division of the Supreme Court of New York, Second Department.
Apr 1, 2002

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to set aside the stipulation of settlement is denied, the stipulation of settlement is reinstated, and the action is discontinued.

There is no basis for setting aside the stipulation of settlement, which was entered into between the parties in open court (see Hallock v. State of New York, 64 N.Y.2d 224, 230; Crenshaw Bldrs. v. Summit Gen. Contr. Corp., 259 A.D.2d 595). Accordingly, the Supreme Court erred in granting that branch of the plaintiffs' motion which was to vacate it.

ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.