Knickerbocker Properties, Inc.v.Razy

Appellate Division of the Supreme Court of New York, First DepartmentMar 31, 1994
610 N.Y.S.2d 10 (N.Y. App. Div. 1994)
610 N.Y.S.2d 10202 A.D.2d 374

March 31, 1994

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).

Defendant's mistaken belief that he could avoid payment of the judgment to which he stipulated by declaring bankruptcy, when in fact as a resident alien he was not entitled to declare bankruptcy, will not justify setting aside the settlement (cf., Rivera v. State of New York, 115 A.D.2d 431, 432, citing Hallock v State of New York, 64 N.Y.2d 224, 230).

Concur — Carro, J.P., Rosenberger, Ross, Asch and Tom, JJ.