Birr v. Birr
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Cholakis, J.), entered October 31, 2008 in Rensselaer County, which denied plaintiffs motion to enforce an oral agreement between the parties.
*1222Plaintiff commenced this action for divorce in July 2006. On April 27, 2007, the date the action was set for trial, the parties placed an oral stipulation on the record in open court addressing issues of child custody, child support, visitation, spousal maintenance and equitable distribution. The oral stipulation required plaintiff to withdraw his complaint and his custody petition. The oral stipulation also…
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