Ashcraft v. Ashcraft
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: There is *964no ground for setting aside the judgment of divorce and the oral stipulation of settlement, placed on the record and contemporaneously acknowledged in writing. Absent unconscionability or unfairness, the stipulation was a valid "opting out” agreement (see, Domestic Relations Law § 236 [B] [3]; Krupski v Krupski, 168 AD2d 942, lv denied 77 NY2d 804).
"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…
2Cases cited6 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Hume v. United StatesSupreme Court of the United States · 1889
- Barzin v. BarzinAppellate Division of the Supreme Court of the State of New York · 1990
- Weinstock v. WeinstockAppellate Division of the Supreme Court of the State of New York · 1990
- Hunt v. HuntAppellate Division of the Supreme Court of the State of New York · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Kanaan v. KanaanSupreme Court of Vermont · 1995
- Timperio v. TimperioAppellate Division of the Supreme Court of the State of New York · 1996
- Cooper v. CooperAppellate Division of the Supreme Court of the State of New York · 1995
- Leroy v. LeroyAppellate Division of the Supreme Court of the State of New York · 2002
- Carnicelli v. CarnicelliAppellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.