PIGOTT v. HAPPY GARDEN CORP (2025)

Supreme Court, Appellate Division, First Department, New York.

Cecilio PIGOTT,Plaintiff-Appellant, v. J.C. HAPPY GARDEN CORP., Defendant-Respondent,
218-204 East 165 Realty Corp., Defendant. 218-204 East 165 Realty Corp., Third-Party Plaintiff, v. Black Cat KK, Inc., doing business as Chinese Restaurants, Third-Party Defendant-Respondent.

4021

Decided: April 03, 2025

Webber, J.P., Kennedy, Mendez, Higgitt, O'Neill Levy, JJ.

Cipriani & Werner, P.C., Syosset (Kenneth B. Danielsen of counsel), for appellant. Pillinger Miller Tarallo, LLP, Elmsford (Lauren R. Turkel of counsel), for respondent.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered on or about January 24, 2024, which denied plaintiff's motion to vacate the stipulation of discontinuance executed by plaintiff and defendant J.C. Happy Garden Corp., unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiff's motion to vacate the stipulation of discontinuance as against Happy Garden. Plaintiff neither alleged nor demonstrated that Happy Garden violated the stipulation, that the stipulation was the result of fraud, that plaintiff's counsel erroneously entered into the stipulation, or that plaintiff's counsel lacked authority to discontinue the action against Happy Garden (see Ward v. City of New York, 233 A.D.3d 599, 599, 224 N.Y.S.3d 44 [1st Dept. 2024]; Williamson v. Delsener, 59 A.D.3d 291, 292, 874 N.Y.S.2d 41 [1st Dept. 2009]; Pak Chong Mar v. New York Infirmary–Beekman Downtown Hosp., 161 A.D.2d 373, 373, 555 N.Y.S.2d 319 [1st Dept. 1990]).

We have considered plaintiff's remaining contentions and find them unavailing.

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