Legal Opinion
Matter of Garber
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2017No. 2016-13048PublishedCited by 1 opinion
1Opinion of the Court
— In a probate proceeding in which the executor of the estate, Thomas D. Garber, petitioned to judicially settle his account, the petitioner appeals from an order of the Surrogate’s Court, Suffolk County (Czygier, Jr., S.), entered November 9, 2016, which denied his motion to vacate a stipulation of settlement.
Ordered that the order is affirmed, with costs payable by the appellant personally.
To vacate the subject stipulation of settlement on the ground of mutual mistake, the appellant was required “to demonstrate that the mistake existed at the time the stipulation was entered into and that…
2Cases cited4 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Mahon v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Radish Pharmacy, Inc. v. Blue Cross & Blue Shield of Greater New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- In re Estate of StegerAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by1 opinion
- Nieves v. Mt. Sinai Queens Hosp.New York Supreme Court, Queens County · 2024