Legal Opinion
Tirrito v. Tirrito
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 1993PublishedCited by 4 opinions
1Opinion of the Court
—In a matrimonial action in which the parties were divorced by judgment dated January 8, 1990, the plaintiff husband appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered November 19, 1990, which denied his motion to set aside a stipulation of settlement of the parties dated November 17, 1989, and to vacate an income execution on the ground that a mistake of fact exists with respect to the income execution.
Ordered that the order is affirmed, with costs.
Courts will strictly scrutinize separation agreements to ensure that they are free from fraud and duress, and will…
2Cases cited12 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Juliani v. JulianiAppellate Division of the Supreme Court of the State of New York · 1988
- Richmond v. RichmondAppellate Division of the Supreme Court of the State of New York · 1988
- Amestoy v. AmestoyAppellate Division of the Supreme Court of the State of New York · 1989
- Melchiorre v. MelchiorreAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by4 opinions
- Warren v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 1996
- Jacobs v. JacobsAppellate Division of the Supreme Court of the State of New York · 1996
- Nasifoglu v. NasifogluAppellate Division of the Supreme Court of the State of New York · 1996
- Morris v. KavakyAppellate Division of the Supreme Court of the State of New York · 1994