Legal Opinion
Linder v. Linder
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2002PublishedCited by 9 opinions
1Opinion of the Court
*711The Supreme Court properly denied that branch of the defendant’s motion which was to vacate a stipulation of settlement dated December 11, 1997, and so much of the judgment of divorce as related to maintenance, child support, and equitable distribution.
A separation agreement or stipulation of settlement which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability (see Wilson v Neppell, 253 AD2d 493). Additionally, a final judgment may not be vacated on the grounds of fraud or misconduct where the moving party had…
2Cases cited2 opinions
- Wilson v. NeppellAppellate Division of the Supreme Court of the State of New York · 1998
- McGovern v. GetzAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by9 opinions
- Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 2006
- Brennan-Duffy v. DuffyAppellate Division of the Supreme Court of the State of New York · 2005
- Borghoff v. BorghoffAppellate Division of the Supreme Court of the State of New York · 2004
- S.M.S. Kabir v. KabirAppellate Division of the Supreme Court of the State of New York · 2011
- SNC Props., LLC v. DeMartinoAppellate Division of the Supreme Court of the State of New York · 2020
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