Kenna v. Kenna
Opinion of the Court
βIn an action, inter alia, to vacate a stipulation of settlement, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Golar, J.), dated October 5, 1998, as, in effect, denied those branches of her motion which were for summary judgment on the complaint and for a preliminary injunction enjoining the defendant from dissipating certain assets.
The subject stipulation of settlement was patently unconscionable (see, e.g., Weinstock v Weinstock, 167 AD2d 394, 395). Moreover, there is an issue of fact concerning the possible disposition of certain assets by the defendant to the detriment of the rights of the plaintiff and a hearing is warranted on this issue (see generally, Loderhose v Loderhose, 216 AD2d 275; Sacks v Sacks, 181 AD2d 727). Bracken, J. P., Santucci, Altman, Friedmann and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.