Palazolo v. Palazolo
Opinion of the Court
—In an action to set aside a stipulation of settlement, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated September 11, 1996, as granted the respondent summary judgment dismissing the complaint insofar as asserted against her.
Ordered that the order is affirmed insofar as appealed from, with costs.
In light of the extensive and factually-detailed submissions by both the husband and the wife, the Supreme Court did not err in holding that the parties had charted a summary judgment course and in treating the motion of the wife for dismissal of the complaint as one for summary judgment (see, O’Dette v Guzzardi, 204 AD2d 291; Four Seasons Hotels v Vinnik, 127 AD2d 310). Further, we agree that the husband failed to raise a triable issue of fact as to any of his alleged grounds for setting aside the stipulation (see, Beutel v Beutel, 55 NY2d 957; Christian v Christian, 42 NY2d 63; Gaton v Gaton, 170 AD2d 576; Golfinopoulos v Golfinopoulos, 144 AD2d 537; Harrington v Harrington, 103 AD2d 356). Thus, the complaint was properly dismissed. Ritter, J. P., Copertino, Florio and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.