Jafri v. Jafri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Stipulations of settlement entered into in open court, with the parties and counsel present, become binding and are not "lightly cast aside” (Hallock v State of New York, 64 NY2d 224, 230; see, Matter of Galasso, 35 NY2d 319, 321; see also, CPLR 2104). " ' "A stipulation between parties in a matrimonial action may be set aside where it is manifestly unfair to one party because of the other’s overreaching or where its terms are unconscionable or constitute fraud, collusion, mistake or accident” ’ ” (Creque v Creque, 210 AD2d 288, 289, quoting Barzin v Barzin, 158 AD2d 769, 770).
The husband’s…
2Cases cited4 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- In re the Intermediate Accounting of GalassoNew York Court of Appeals · 1974
- Barzin v. BarzinAppellate Division of the Supreme Court of the State of New York · 1990
- Creque v. CrequeAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Dillon v. DillonAppellate Division of the Supreme Court of the State of New York · 1999
- Dillon v. DillonAppellate Division of the Supreme Court of the State of New York · 1999
- Walton v. CraneAppellate Division of the Supreme Court of the State of New York · 2002