Substantial compliance satisfied stipulationFebruary 11, 2016
Capitol Discount Corp. v McFarlane, 2016 NY Slip Op 50140(U)(App. Term 2d Dept. 2016)
“Relieving a party from enforcement of a stipulation of settlement is appropriate upon a finding of substantial compliance with the stipulation of settlement (see Rockaway One Co. v Williams, 3 Misc 3d 25, 27 [App Term, 2d Dept, 2d & 11th Jud Dists 2004]). Here, the record demonstrates that defendant had substantially complied with the stipulation of settlement. We conclude, under the circumstances presented, that the Civil Court did not improvidently exercise its discretion in conditionally granting defendant’s motion to vacate the judgment.”
You do not see this often.