REPUBLIC PAINTING SHEETING BUILDING CORPORATION v. BRUCKEL INC (1999)

Supreme Court properly granted plaintiffs' motion to enforce the parties' stipulation and denied defendants' cross motion to vacate it.   The agreement to resolve the issue of liability based on the results of polygraph tests does not violate public policy (see, Doe v. Marzolf, 258 A.D.2d 970, 685 N.Y.S.2d 346).   There was no mutual mistake of material fact (see, Matter of Gould v. Board of Educ., 81 N.Y.2d 446, 453, 599 N.Y.S.2d 787, 616 N.E.2d 142) or other “cause sufficient to invalidate a contract, such as fraud, collusion, * * * [or] accident” (1420 Concourse Corp. v. Cruz, 135 A.D.2d 371, 372, 521 N.Y.S.2d 429, appeal dismissed 73 N.Y.2d 868, 537 N.Y.S.2d 487, 534 N.E.2d 325;  see, Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178).   The stipulation contains all of the essential elements of the agreement and is not too vague or indefinite in its terms to be enforced (cf., Matter of 166 Mamaroneck Ave. Corp. v. 151 E. Post Rd. Corp., 78 N.Y.2d 88, 91, 571 N.Y.S.2d 686, 575 N.E.2d 104).

Judgment unanimously affirmed without costs.

MEMORANDUM: