Ordered that the order is modified, on the law, by deleting the provision thereof which, upon reargument, released the funds from escrow to Philip Rera, and substituting therefor a provision adhering to the original determination; as so modified the order is affirmed, with costs to the appellant.
We find that the Supreme Court erred in rendering a decision which was contrary to the terms of a valid stipulation entered into between the parties, as it is well-settled that a stipulation may only be vacated on grounds which would entitle the court to set aside a contract, such as fraud, collusion, mistake or accident (see, Hallock v State of New York, 64 N.Y.2d 224; Matter of Frutiger, 29 N.Y.2d 143; Bailey v New York City Tr. Auth., 196 A.D.2d 854).
The defendants' remaining contentions are without merit. Balletta J.P., Rosenblatt, Ritter and Friedmann, JJ., concur.