Legal Opinion

Cavalli v. Cavalli

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

Decided April 29, 1996PublishedCited by 18 opinions

1Opinion of the Court

In an action for divorce and ancillary relief, the plaintiff husband appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated November 28, 1994, which denied his motion to vacate a stipulation settling the action.

Ordered that the order is affirmed, without costs or disbursements.

It is well settled that stipulations of settlement are favored by the courts and a stipulation spread on the record in open court will not be set aside absent a showing that it was the *667result of fraud, overreaching, mistake, or duress (see, Wilutis v Wilutis, 184 AD2d 639). In order to prove legal…

2Cases cited3 opinions

  1. Sontag v. SontagAppellate Division of the Supreme Court of the State of New York · 1985
  2. Kalra v. KalraAppellate Division of the Supreme Court of the State of New York · 1991
  3. Wilutis v. WilutisAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by18 opinions

  1. Blackstock v. PriceAppellate Division of the Supreme Court of the State of New York · 2008
  2. Lukaszuk v. LukaszukAppellate Division of the Supreme Court of the State of New York · 2003
  3. Desantis v. Ariens Co.Appellate Division of the Supreme Court of the State of New York · 2005
  4. Ross v. Clyde Beatty-Cole Bros. CircusAppellate Division of the Supreme Court of the State of New York · 2006
  5. Adalian v. Stuyvesant Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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