Appellate Division of the Supreme Court of New York, 1998

Karonski v. Karonski

Karonski v. Karonski
Appellate Division of the Supreme Court of New York · Decided July 2, 1998
252 A.D.2d 354; 675 N.Y.S.2d 534; 1998 N.Y. App. Div. LEXIS 7892
Karonski v. Karonski

Opinion of the Court

—Order, Supreme Court, New York County (Joan Lobis, J.), entered January 23, 1998, which, inter alia, denied plaintiffs motion to vacate the parties’ stipulation granting defendant custody of the parties’ child, unanimously affirmed, without costs.

The IAS Court properly found that plaintiff had failed to demonstrate good cause for vacatur of the stipulation he had entered into in open court, while represented by counsel, which stipulation awarded custody of the parties’ child to defendant. Moreover, none of the circumstances cited by plaintiff warrants the conclusion that a custodial change would be in the child’s best interests (see, Eschbach v Eschbach, 56 NY2d 167, 171). Concur — Sullivan, J. P., Milonas, Rubin, Williams and Andrias, JJ.

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