Legal Opinion

Anders v. Anders

New York Supreme Court

Decided December 16, 1957PublishedCited by 2 opinions

1Opinion of the CourtSidney A. Fine, J.

This motion for an order directing the carrying out of the terms of a settlement stipulation, entered into in open court, in the presence of the parties, is granted.

In Potter v. Rossiter (109 App. Div. 737, 740) the Appellate Division, in this department, said: ‘ Where the existence or validity of a stipulation is dependent upon voluminous evidence, an action for its enforcement may be the proper remedy; but the court always has the power to enforce in a summary way, by motion, the observance of an undisputed and proper stipulation entered into by the parties to an action. (Mutual Life Ins.…

2Cases cited4 opinions

  1. Mutual Life Insurance v. O'DonnellNew York Court of Appeals · 1895
  2. Potter v. RossiterAppellate Division of the Supreme Court of the State of New York · 1905
  3. William Randall & Sons, Inc. v. MillsAppellate Division of the Supreme Court of the State of New York · 1917
  4. Valentine v. Central National BankNew York Supreme Court · 1881

3Cited by2 opinions

  1. Dolgin v. DolginNew York Court of Appeals · 1972
  2. Rudolph v. CincoNew York Supreme Court · 1962

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