Legal Opinion
Taormina v. Taormina
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2011PublishedCited by 4 opinions
1Opinion of the Court
In an action for a divorce and ancillary relief, the wife appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Walker, J.), entered July 1, 2010, as denied her motion to vacate a stipulation of settlement entered into on October 15, 2009.
Ordered that the order is affirmed insofar as appealed from, with costs.
“Open-court stipulations are judicially favored, and will not be set aside absent fraud, overreaching, mistake, duress, or unconscionability” (Tarone v Tarone, 25 AD3d 779, 780 [2006]; see Lukaszuk v Lukaszuk, 304 AD2d 625 [2003]; Jablonski…
2Cases cited7 opinions
- Jablonski v. JablonskiAppellate Division of the Supreme Court of the State of New York · 2000
- Lukaszuk v. LukaszukAppellate Division of the Supreme Court of the State of New York · 2003
- Storette v. StoretteAppellate Division of the Supreme Court of the State of New York · 2004
- Pretterhofer v. PretterhoferAppellate Division of the Supreme Court of the State of New York · 2007
- Gallagher v. GallagherAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by4 opinions
- O'Hanlon v. O'HanlonAppellate Division of the Supreme Court of the State of New York · 2014
- O'Hanlon v. O'HanlonAppellate Division of the Supreme Court of the State of New York · 2014
- Tavolacci v. TavolacciAppellate Division of the Supreme Court of the State of New York · 2014
- Tavolacci v. TavolacciAppellate Division of the Supreme Court of the State of New York · 2014