Legal Opinion
Lazar v. Lazar
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 4 opinions
1Opinion of the Court
The parties in this case entered into a comprehensive written stipulation of settlement (see CFLR 2104; Nordgren v Nordgren, 264 AD2d 828, 829 [1999]). Where, as here, the stipulation is clear and unambiguous on its face, the intent of the parties must be gleaned from within the four corners of the instrument (see Micciche v Micciche, 62 AD3d 673 [2009]). A stipulation which is fair on its face will be enforced according to its terms unless there is proof of fraud, duress, overreaching, or unconscionability (see Rubin v Rubin, 33 AD3d 983, 984 [2006]).
Here, the defendant’s conclusory and…
2Cases cited4 opinions
- Etzion v. EtzionAppellate Division of the Supreme Court of the State of New York · 2009
- Rubin v. RubinAppellate Division of the Supreme Court of the State of New York · 2006
- Nordgren v. NordgrenAppellate Division of the Supreme Court of the State of New York · 1999
- Micciche v. MiccicheAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Yan Ping Liang v. Wei Xuan GaoAppellate Division of the Supreme Court of the State of New York · 2014
- O'Hanlon v. O'HanlonAppellate Division of the Supreme Court of the State of New York · 2014
- O'Hanlon v. O'HanlonAppellate Division of the Supreme Court of the State of New York · 2014
- Yan Ping Liang v. Wei Xuan GaoAppellate Division of the Supreme Court of the State of New York · 2014