Practice point: A party will not be relieved from the stipulation absent fraud, mistake, collusion or accident.
Practitioners should note that the party seeking to vacate the stipulation must do so with reasonable promptness under the circumstances.
Case: Charlop v. A.O. Smith Water Prods., NY Slip Op 05911 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Defamation.
