[DOWNLOAD] "Donald H. Myers v. William J. Bernard" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

eBook details

Title: Donald H. Myers v. William J. Bernard
Author : Supreme Court of New York
Release Date : January 01, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Stipulations of settlement, which do much to alleviate overburdened court calendars, are favored by the courts and will not be set aside absent a showing of such good cause as would invalidate a contract (Schweber v. Berger, 27 A.D.2d 840; Hegeman v. Conrad, 1 A.D.2d 788). No such basis has been demonstrated here. There is no proof of mutual mistake of a material fact (cf. Wilson v. Shorewood Realty Corp., 101 N. Y. S. 2d 68, 70-71) and the mistaken impression gained by one party as to the ability of his adversary or adversaries to pay, in the absence of misrepresentation by such other party or parties, is no ground for rescinding the settlement (Graham v. Meyer, 99 N. Y. 611). The question of whether respondent's application was in proper form was not raised by the parties and was not passed upon here. Disposition Order reversed, on the law and the facts, and motion denied, without costs.