the Hospital’s counterclaim. Ms. Pare was later discharged as counsel for Dr. Speken, and was substituted by defendant.
          In June 1999, approximately two weeks prior to the rescheduled trial date, Mr. Frank withdrew as plaintiffs’ trial counsel. Although it appears new trial counsel was retained, their services were unused as the matter settled on July 8, 1999 for $500,000¹.
          The stipulation of settlement at issue was entered into in open court and was further supported by plaintiffs’ testimony that they both agreed to the settlement of their own free will.  Plaintiffs’ subsequent motion to vacate the stipulation of settlement on the grounds of duress, coercion and fraud was denied by Justice Heitler.
          In July 2001, plaintiffs commenced a second action as coadministrators of their son’s estate and individually under the caption Speken v. Columbia Presbyterian Medical Center, et al., (Index No. 113895/2001) . By this action, plaintiffs sought to vacate the provisions of the settlement agreement requiring plaintiffs to expunge their website and further barring plaintiffs from publicizing or discussing the lawsuit, their son’s care and treatment at the Hospital, and the names or description of any individuals involved in their son’s hospitalization. This action was dismissed as barred by the doctrine of res judicata by Justice