CPLR 5015(a)(4) and a stipulation

CPLR 5015(a)(4)

Macaluso v Macaluso, 2014 NY Slip Op 06064 [2nd Dept. 2014]

Where there is no legal or equitable basis to enter a judgment against a particular party, such judgment must be vacated pursuant to CPLR 5015(a)(4) (see Mazelier v 634 W. 135, LLC, 22 AD3d 361, 364). Here, however, the judgment entered October 20, 2010, was properly issued, pursuant to an order dated June 18, 2010, against the plaintiff individually, as a remedy for the plaintiff's failure to comply with his personal obligations under the parties' stipulation of settlement. Contrary to the plaintiff's contention, while he may have commenced this action "in the right of S & M Heating Corp.," the record is clear that the corporation was not a party to the stipulation. Rather, the agreement, which was placed on the record in open court, provided that the plaintiff would discontinue the action and would receive certain benefits from, and undertake certain obligations to, his late brother, Santo F. Macaluso, Jr. Accordingly, the Supreme Court properly denied the plaintiff's motion, in effect, pursuant to CPLR 5015(a)(4) to vacate the judgment.


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