Majority
p. 226Stephen Sloan et al., Appellants, v Stanley Diamond et al., Respondents. [595 NYS2d 678]
—Order, Supreme Court, New York County (Irma Santaella, J.), entered February 7, 1992, which denied plaintiffs’ motion for vacatur of a stipulation of settlement, unanimously affirmed, with costs.
Plaintiffs did not demonstrate fraud, collusion, mistake, accident, surprise or other similar ground for vacatur (see, Matter of Frutiger, 29 NY2d 143 , 150). The underlying litigation was discontinued with prejudice by the terms of the stipulation and a second stipulation in a related action. Facts pertinent to the underlying litigation were therefore immaterial (Newman v Holland, 178 AD2d 866 , 867). Concur — Ellerin, J. P., Wallach, Asch and Rubin, JJ.
Cases cited
- In re Estate of Frutiger 29 NY2d 143 at 150 p. 226
- Newman v. Holland 178 AD2d 866 at 867 p. 226