Legal Opinion

Gilbert v. Gilbert

Appellate Division of the Supreme Court of the State of New York

Decided February 19, 2002PublishedCited by 8 opinions

1Opinion of the Court

—In an action to rescind a stipula*480tion of settlement, the defendant appeals from a judgment of the Supreme Court, Suffolk County (Lifson, J.), dated September 18, 2000, which, after a nonjury trial, is in favor of the plaintiff and against her.

Ordered that the judgment is affirmed, with costs.

Stipulations of settlement are favored by the courts and are not lightly set aside (see, Quality Ceramic Tile & Marble Co. v Cherry Val. Ltd. Partnership, 259 AD2d 607; Golfinopoulos v Golfinopoulos, 144 AD2d 537, 538). However, where a stipulation of settlement is manifestly unfair and one-sided due to…

2Cases cited5 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. Golfinopoulos v. GolfinopoulosAppellate Division of the Supreme Court of the State of New York · 1988
  3. Vandenburgh v. VandenburghAppellate Division of the Supreme Court of the State of New York · 1993
  4. Jaus v. JausAppellate Division of the Supreme Court of the State of New York · 1990
  5. Quality Ceramic Tile & Marble Co. v. Cherry Valley Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by8 opinions

  1. Cruciata v. CruciataAppellate Division of the Supreme Court of the State of New York · 2004
  2. Kavanagh v. KavanaghAppellate Division of the Supreme Court of the State of New York · 2003
  3. Libert v. LibertAppellate Division of the Supreme Court of the State of New York · 2010
  4. Pippis v. PippisAppellate Division of the Supreme Court of the State of New York · 2010
  5. Santini v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2009

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