Legal Opinion

Kalra v. Kalra

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

Decided December 30, 2008PublishedCited by 2 opinions

1Opinion of the Court

“Stipulations of settlement are favored by the courts and are not lightly set aside” (Gilbert v Gilbert, 291 AD2d 479, 480 [2002]). A stipulation of settlement, such as the one at bar, which is entered into in open court by parties who assent to its terms and who are represented by counsel, will not be set aside unless it is shown that the agreement was procured by mistake, fraud, duress, overreaching, or unconscionability (see Matter of Crouse v Crouse, 53 AD3d 750 [2008]; Shockome v Shockome, 53 AD3d 610 [2008]; Doukas v Doukas, 47 AD3d 753 [2008]).

*948Contrary to the defendant’s contention,…

2Cases cited7 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Wilutis v. WilutisAppellate Division of the Supreme Court of the State of New York · 1992
  3. DeGregorio v. BenderAppellate Division of the Supreme Court of the State of New York · 2004
  4. Crouse v. CrouseAppellate Division of the Supreme Court of the State of New York · 2008
  5. Gilbert v. GilbertAppellate Division of the Supreme Court of the State of New York · 2002

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. McCarthy v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2010
  2. Smith v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2009

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