Michaelson v. Michaelson

Mercure, J. (dissenting).

Because it is our view that the majority’s resolution of the issues presented on the appeal is contrary to the express agreement of the parties, as stated in their stipulation of settlement, we are constrained to dissent.

Initially, we find no basis for the majority’s determination to increase the balance of the First Albany Corporation account by the amount of checks which had been issued prior to the parties’ August 30, 1990 stipulation but which had not yet "cleared”. The fact that defendant could have stopped pay*858ment on the checks is irrelevant to the primary issue…