Legal Question in Civil Litigation in New York
The opposing party in my case is in violation of the terms of a stipulation of settlement signed by each party and so ordered by a judge 5 months ago so I need to file a motion to restore the case to the active calendar.
1. Should the language of the motion include that the relief sought is also vacatus of the stipulation order or is it enough to seek a motion to restore?
2. In that it has been less than a year since the order was signed so the motion is timely and no default, intent to abandon, failure to appear or dismissal is involved, is a meritorious cause of action required or not?
1 Answer from Attorneys
It does not make any sense to restore the action to the trial calendar. Why do not you move to enforce the terms of the settlement with imposition of heavy sanctions in the event your adversary is in violation of the terms of settlement? What guarantees do you have that he will follow through with his promise in the event of an expensive and time consuming judgment post trial, since he has shown his colors thus far?
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