FORENSIC CPA v. HASHO (1999)

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

FORENSIC CPA, P.C., respondent, v. Gregory HASHO, appellant.

Decided: April 12, 1999

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN and DANIEL F. LUCIANO, JJ.

Vincent A. DeIorio, Purchase, N.Y. (Vincent J. Badagliacca, Jr., of counsel), for appellant. Jaffe Segal & Ross, New York, N.Y. (Steven R. Miller of counsel), for respondent.

In a turnover proceeding pursuant to CPLR 5525(a), the defendant appeals from an order of the Supreme Court, Nassau County (Phelan, J.), dated April 16, 1998, which, inter alia, directed him to turn over certain shares of stock and other securities to satisfy a judgment entered against him upon his confession of judgment.

ORDERED that the order is affirmed, with costs.

Stipulations of settlement are highly favored by the courts and will not lightly be set aside (see, Gildston v. Terilli, 146 A.D.2d 738, 537 N.Y.S.2d 224; Passavanti v. Pezzullo, 133 A.D.2d 75, 518 N.Y.S.2d 420). Under the circumstances of this case, the defendant's failure to comply with the material terms of certain stipulations of settlement upon which the confession of judgment was based justified the court's enforcement of the judgment (see, Mill Rock Plaza Associates v. Lively, 224 A.D.2d 301, 638 N.Y.S.2d 34).

MEMORANDUM BY THE COURT.

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