The motion court providently exercised its discretion in denying plaintiff's motion. The record includes a so-ordered stipulation signed by counsel following an allocution by plaintiff. In support of the motion, plaintiff only offers self-serving affidavits that he was debilitated when he entered into the settlement. Plaintiff's motion papers include a surgical report showing that he was debilitated when he received emergency medical treatment, five weeks after entering into the settlement. The report is neither admissible nor probative, as it is unaffirmed and uncertified, and it offers no opinion as to whether plaintiff was debilitated at the time of the settlement. There is nothing in the allocution transcript to indicate that plaintiff did not understand the proceedings.
Sultan v. Connery, NY Slip Op 06567 (1st Dep't November 23, 2021)
