Osipova v. Silverberg

Summary

The Appellate Division, Second Department affirmed an order denying the plaintiff's motion to set aside an in-court stipulation of settlement in a podiatric malpractice action. The court held that the plaintiff failed to show fraud, duress, overreaching, mistake, unconscionability, or another sufficient basis to disturb the settlement.

Holdings

1. The plaintiff failed to allege sufficient grounds to set aside the stipulation of settlement entered in open court; therefore, the Supreme Court properly denied her motion.

Questions Presented

1. Whether the plaintiff established sufficient grounds, such as fraud, overreaching, mistake, duress, or unconscionability, to set aside a settlement stipulation entered in open court.

Disposition

affirmed