Hardy v. Hardy

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The stipulation entered into by counsel for the respective parties in open court and thereafter incorporated, but not merged, in the judgment of divorce is enforceable as a contract binding on the parties (CPLR 2104; see Teitelbaum Holdings v Gold, 48 NY2d 51; Biener v Hystron Fibers, 78 AD2d 162; Nishman v De Marco, 76 AD2d 360, app dsmd 53 NY2d 642). It unambiguously requires plaintiff, upon defendant’s execution of a deed to the marital premises, to give a bond and mortgage…