Legal Opinion
In re the Estate of Siegel
Appellate Division of the Supreme Court of the State of New York
Decided May 23, 2006PublishedCited by 8 opinions
1Opinion of the Court
In an accounting proceeding, the petitioner appeals from an order of the Surrogate’s Court, Nassau County (Riordan, J.), dated November 18, 2004, which denied her motion to vacate a stipulation of settlement.
Ordered that the order is affirmed, with costs.
Stipulations of settlement, especially those made in open court, are favored by the courts and will not be lightly cast aside (see Hallock v State of New York, 64 NY2d 224 [1984]; Matter of Davis, 292 AD2d 452 [2002]). Thus, “[o]nly where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a…
2Cases cited5 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- In re GruntzAppellate Division of the Supreme Court of the State of New York · 1990
- In re KaplanAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of DePaulAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- Blackstock v. PriceAppellate Division of the Supreme Court of the State of New York · 2008
- Castellano v. CastellanoAppellate Division of the Supreme Court of the State of New York · 2009
- Strang v. RathboneAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Estate of SerpicoAppellate Division of the Supreme Court of the State of New York · 2009
- Wislocki v. HufnagelAppellate Division of the Supreme Court of the State of New York · 2011
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