Matter of Gillespie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding to compel the payment of a legacy pursuant to EPTL 5-3.2 (a) (2), the petitioner appeals from an order of the Surrogate’s Court, Kings County (Lopez Torres, S.), dated August 23, 2012, which denied her motion to set aside a stipulation of settlement of the parties, dated February 8, 2011.
Ordered that the order is affirmed, with one bill of costs.
Stipulations of settlement entered into in open court are judicially favored and not lightly cast aside (see Hallock v State of New York, 64 NY2d 224, 230 [1984]; Matter of Strang v Rathbone, 108 AD3d 565, 565-566 [2013]; Matter of…
2Cases cited6 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- McCoy v. FeinmanNew York Court of Appeals · 2002
- In re the Estate of SiegelAppellate Division of the Supreme Court of the State of New York · 2006
- Strang v. RathboneAppellate Division of the Supreme Court of the State of New York · 2013
- Yuzary v. YuzaryAppellate Division of the Supreme Court of the State of New York · 1996
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