Legal Opinion

Carosella v. Carosella

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 1987PublishedCited by 5 opinions

1Opinion of the Court

In an action to rescind an amended stipulation of settlement on the grounds of failure of consideration, fraud and duress, the plaintiff appeals from an order of the Supreme Court, Nassau County (Balletta, J.), entered December 13, 1985, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Prior to their divorce in July 1979, the parties to this action entered into a stipulation of settlement on June 22, 1979, which was incorporated into and survived the judgment of divorce. Pursuant to the agreement, the plaintiff…

2Cases cited5 opinions

  1. Beutel v. BeutelNew York Court of Appeals · 1982
  2. Weinstein v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1985
  3. Russell v. RussellAppellate Division of the Supreme Court of the State of New York · 1982
  4. Barry v. BarryAppellate Division of the Supreme Court of the State of New York · 1984
  5. Barry v. BarryNew York Court of Appeals · 1984

3Cited by5 opinions

  1. Cosh v. CoshAppellate Division of the Supreme Court of the State of New York · 2007
  2. Kazimierski v. WeissAppellate Division of the Supreme Court of the State of New York · 1998
  3. Gaton v. GatonAppellate Division of the Supreme Court of the State of New York · 1991
  4. Schoradt v. RivetAppellate Division of the Supreme Court of the State of New York · 1992
  5. Hirsch v. HirschAppellate Division of the Supreme Court of the State of New York · 1987

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