Legal Opinion
Logiudice v. Logiudice
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 2009PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Saralee Evans, J.), entered March 3, 2009, which denied defendant’s motion to rescind a stipulation of settlement, unanimously affirmed, without costs.
The courts “ encourage [ ] property settlements through stipulation and will exercise judicial review sparingly” (Lockhart v Lockhart, 159 AD2d 283 [1990]). Because of the fiduciary relationship between husband and wife, separation agreements may be set aside “under circumstances that would be insufficient to nullify an ordinary contract” (Levine v Levine, 56 NY2d 42, 47 [1982]). Nonetheless, efforts to…
2Cases cited8 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Levine v. LevineNew York Court of Appeals · 1982
- Blatt v. Manhattan Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1987
- McCaughey v. McCaugheyAppellate Division of the Supreme Court of the State of New York · 1994
- Levi v. LeviAppellate Division of the Supreme Court of the State of New York · 2007
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Geron v. DeSantisAppellate Division of the Supreme Court of the State of New York · 2011
- Moore v. RheaAppellate Division of the Supreme Court of the State of New York · 2013
- Anonymous A-1 v. Anonymous B-1New York Supreme Court, Bronx County · 2024
- Ginns v. GinnsAppellate Division of the Supreme Court of the State of New York · 2026
- Moore v. RheaAppellate Division of the Supreme Court of the State of New York · 2013