Legal Opinion
Abeido v. Abeido
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 2008PublishedCited by 6 opinions
1Opinion of the Court
In a custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Supreme Court, Kings County (IDV Part) (Henry, J), dated June 29, 2007, which denied his motion to vacate an order of the same court dated November 14, 2006, which, upon the consent of both parties, awarded custody of the parties’ child to the mother.
Ordered that the order is affirmed, with costs.
An oral stipulation entered into by the parties in “open court” is binding (CPLR 2104; see Sontag v Sontag, 114 AD2d 892 [1985]). “Only where there is cause sufficient to invalidate a contract,…
2Cases cited2 opinions
- Sontag v. SontagAppellate Division of the Supreme Court of the State of New York · 1985
- Stefanik v. RobertsAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- In re the Estate of SerpicoAppellate Division of the Supreme Court of the State of New York · 2009
- MacNeil v. StarrAppellate Division of the Supreme Court of the State of New York · 2015
- Gutzmer v. SantiniAppellate Division of the Supreme Court of the State of New York · 2009
- Caroli v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- Caroli v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
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