Legal Opinion

Atlas v. Smily

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2017No. 2829 301091/06Published

1Opinion of the Court

Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered March 4, 2016, which denied defendant wife’s motion to vacate the parties’ stipulation of settlement, unanimously affirmed, without costs.

The motion court properly denied defendant’s motion to set aside the open-court stipulation of settlement, as there was no showing of fraud, overreaching, mistake, or duress (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Matter of Strang v Rathbone, 108 AD3d 565, 565-566 [2d Dept 2013]). The parties were represented by able and experienced counsel, and had negotiated the…

2Cases cited2 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Strang v. RathboneAppellate Division of the Supreme Court of the State of New York · 2013

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