Legal Opinion
Luisi v. Luisi
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1997PublishedCited by 3 opinions
1Opinion of the Court
—In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Rock-land County (Miller, J.), dated October 30, 1996, which denied his motion to restore his counterclaim to the trial calendar.
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is granted.
CPLR 2104 states that to be enforceable, a stipulation, unless reduced to the form of an order and entered, must be in writing and signed by a party or his attorney. In the alternative, an oral stipulation will be binding if it is spread upon the record in…
2Cases cited8 opinions
- Graffeo v. BrenesAppellate Division of the Supreme Court of the State of New York · 1981
- Rivera v. Triple M. Roofing Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Margolis v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
- Phillips v. Pamper Decorating ServiceAppellate Division of the Supreme Court of the State of New York · 1996
- Venuti v. Booth Memorial Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by3 opinions
- Wilson v. WilsonAppellate Division of the Supreme Court of the State of New York · 2006
- Defilippi v. DefilippiNew York Supreme Court · 2015
- Vega v. PapaleoAppellate Division of the Supreme Court of the State of New York · 2011