Anders v. Anders

In this separation action defendant husband sought by motion to enforce the provisions of a stipulation of settlement made at the time of trial. Plaintiff wife cross-moved to he relieved of the terms of the stipulation and for leave to discontinue the action. The defendant’s motion was granted and plaintiff appeals. The stipulation in question was made in open court in the presence of the parties and counsel and was placed on the record. Ordinarily such a stipulation is enforcible by motion (Cahill v. Cahill, 284 App. Div. 1044; Peterson v. Uhrlass, 272 App. Div. 923; Potter v. Rossiter, 109…