Lee v. Jacobs

The Supreme Court properly granted the plaintiff summary *525judgment on her cause of action for maintenance arrears due under the terms of the parties’ October 1980 stipulation of settlement, which survived and was not merged in the judgment of divorce. Absent a showing of fraud, overreaching, mistake, or duress, a stipulation of settlement will not be disturbed (see, Ruxton v Ruxton, 181 AD2d 876; see also, Christian v Christian, 42 NY2d 63; Middleton v Middleton, 174 AD2d 655). Here the defendant failed to establish any such grounds for setting aside the terms of the stipulation, and his…