Opinion
September 11, 1989
Appeal from the Supreme Court, Richmond County (Radin, J.H.O.).
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the appeal from the order is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the defendant is awarded one bill of costs.
"It is well settled that stipulations of settlement meet with judicial favor, especially where, as here, the terms are read into the record in open court and the party seeking to vacate the stipulation was represented by competent counsel. * * * Absent a showing that the stipulation was the product of fraud, overreaching, mistake or duress, such a stipulation will not be disturbed by the court" (Bossom v. Bossom, 141 A.D.2d 794, 795).
Based upon our review of the record, we conclude that the plaintiff's allegations constitute an insufficient basis on which to vacate the stipulation of settlement in this action (cf., Polito v. Polito, 121 A.D.2d 614). We note that at the time of the stipulation, the plaintiff, who was capably represented by competent counsel, was repeatedly and painstakingly questioned by the Judicial Hearing Officer as to her willingness to enter into the stipulation. It would appear from the record that the plaintiff merely has had a change of heart. Rubin, J.P., Sullivan, Harwood and Balletta, JJ., concur.