Darragh v. Darragh

Kane, J. P., and Levine, J.,

dissent and vote to reverse in a memorandum by Levine, J. Levine, J. (dissenting). We respectfully dissent. The instrument dated October 2, 1987, which defendant seeks to annul for fraud and plaintiff seeks to enforce, was executed during the pendency of the divorce action between the parties, is entitled a stipulation and recites that "the parties intend to settle said pending suit under the terms and conditions hereafter set forth in this stipulation of settlement” (emphasis supplied). The instrument authorizes plaintiff to obtain a default divorce, subject to…