Klisivitch v. Klisivitch
Opinion of the Court
—In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, J.), dated September 26, 2001, as, upon re-argument, adhered to the original determination in an order dated January 31, 2001, which denied, without a hearing, the husband’s cross motion to vacate the oral stipulation of settlement entered into by the parties on August 9, 1999.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
It is well established that a stipulation of settlement will not be set aside lightly, especially where it is made in open court by parties represented by independent counsel (see Middleton v Middleton, 174 AD2d 655). The value of the appellant’s textile business was set by a prior stipulation which the appellant does not challenge. Pursuant to the stipulation of settlement entered into on August 9, 1999, in open court in the presence
The appellant’s remaining contentions are without merit. Altman, J.P., Goldstein, McGinity and Mastro, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.