Opinion
8979 Index 654462/18
04-11-2019
TABOOLA, INC., Plaintiff–Respondent, v. NEWSWEEK MEDIA GROUP, INC. formerly known as IBT Media, Inc., et al., Defendants–Appellants.
Becker & Poliakoff LLP, New York (Glenn H. Spiegel of counsel), for appellants. Sher Tremonte LLP, New York (Mark Cuccaro of counsel), for respondent.
Becker & Poliakoff LLP, New York (Glenn H. Spiegel of counsel), for appellants.
Sher Tremonte LLP, New York (Mark Cuccaro of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, JJ.
Defendants failed to present any basis for vacating the judgment in light of their admitted default under the settlement agreement. Absent any factual basis in the record to relieve defendants from enforcement of the judgment, where a stipulation of settlement is unambiguous, "literal enforcement of its terms is not unjust" ( Cadlerock Joint Venture, L.P. v. Rubenstein, 26 A.D.3d 219, 220, 812 N.Y.S.2d 469 [1st Dept. 2006] ). Here, defendants have provided no facts to justify the invocation of the Court's inherent discretionary powers to relieve a party from judgment. Thus, strict enforcement of the second settlement agreement was warranted (see Mill Rock Plaza Assoc. v. Lively, 224 A.D.2d 301, 301, 638 N.Y.S.2d 34 [1st Dept. 1996] ).
We have considered defendants' remaining contentions and find them unavailing.