Shuler v. Dupree
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for constructive eviction, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 27, 2003, which denied their motion to vacate a stipulation of settlement dated July 18, 2002.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the motion to vacate the stipulation of settlement. “[A]n open-court stipulation is an independent contract between the parties (see, McWade v McWade, 253 AD2d 798), and will be enforced according to its *549terms unless there is proof of fraud, duress,…
2Cases cited8 opinions
- Sontag v. SontagAppellate Division of the Supreme Court of the State of New York · 1985
- Jablonski v. JablonskiAppellate Division of the Supreme Court of the State of New York · 2000
- Constantine v. Premier Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- McWade v. McWadeAppellate Division of the Supreme Court of the State of New York · 1998
- Cavalli v. CavalliAppellate Division of the Supreme Court of the State of New York · 1996
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- Vargas v. MarquisAppellate Division of the Supreme Court of the State of New York · 2009
- Lenge v. Eklecco Newco, LLCAppellate Division of the Supreme Court of the State of New York · 2019
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