ALERT MEDICAL PERSONNEL v. RERA

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.