Adelsberg v. Amron

Order, Supreme Court, Bronx County (La Tia W. Martin, J.), entered January 13, 2012, which, insofar as appealed from as limited by the briefs, denied plaintiffs cross motion for an order directing that the parties’ retirement assets be distributed *572without postcommencement earnings and/or losses in value as a result of market forces, unanimously reversed, on the law, without costs, and the cross motion granted.

A stipulation is an independent contract which is subject to the principles of contract law (see Matter of Caruso v Ward, 146 AD2d 22 [1st Dept 1989]). A court should construe a…