New York Court of Appeals, 1974

In re the Intermediate Accounting of Galasso

New York Court of Appeals · Decided November 14, 1974 · Jasen

35 N.Y.2d 319; 320 N.E.2d 618; 361 N.Y.S.2d 871; 1974 N.Y. LEXIS 1224

Cases that cite this one

75 later published cases cite this decision. The 25 that cite it most often are listed here.

Silas v. City of New York (District Court, S.D. New York 2008)
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Nogueira v. Ery Retail Podium LLC (New York Supreme Court, New York County 2024)
Diarassouba v. Urban (Appellate Division of the Supreme Court of New York 2009)
Paul v. Paul (Appellate Division of the Supreme Court of New York 1991)
In re Hyong Jin Kim (District Court, S.D. New York 1981)
Tear Drops of Elegance, Inc v. 2232-2240 ACP Owner, LLC (New York Supreme Court, New York County 2025)
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GHR Co., LLC v. Sannon (Appellate Terms of the Supreme Court of New York 2018)
McClorey v. McClorey (Appellate Division of the Supreme Court of New York 2017)
Rogers v. Malik (Appellate Division of the Supreme Court of New York 2015)
HSBC Bank USA, N.A. v. Wielgus (Appellate Division of the Supreme Court of New York 2015)
Matter of Shapiro v. Hayes (Appellate Division of the Supreme Court of New York 2015)
George W. & Dacie Clements Agricultural Research Institute, Inc. v. Green (Appellate Division of the Supreme Court of New York 2015)
George W. & Dacie Clements Agricultural Research Institute, Inc. v. Green (Appellate Division of the Supreme Court of New York 2015)
Alliance Housing II Associates v. George (Civil Court of the City of New York 2015)
ECOGEN WIND, LLC v. TOWN OF PRATTSBURGH TOWN BOARD (Appellate Division of the Supreme Court of New York 2013)
Ecogen Wind LLC v. Town of Prattsburgh Town Board (Appellate Division of the Supreme Court of New York 2013)
Ecogen Wind LLC v. Town of Prattsburgh Town Board (Appellate Division of the Supreme Court of New York 2013)
Palmieri v. Town of Babylon (Appellate Division of the Supreme Court of New York 2008)
259 Broadway Realty Corp. v. Incorporated Village of Amityville (Appellate Division of the Supreme Court of New York 2006)
In re Alexander L. (Appellate Division of the Supreme Court of New York 2006)
Bonnette v. Long Island College Hospital (N.Y. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Jasen, J.

Millie Galasso died intestate on January 31, 1966. Letters of administration were issued on February 24, 1966 to two sons, Peter Galasso and Leonard Galasso. They, together with two other children of the decedent, were distributees of the estate. On October 2, 1970, Leonard Galasso filed an inter*321mediate accounting, to which Peter Gralasso filed objections. Thereafter, on May 9, 1972, the Surrogate’s Court, Bronx County, denied specific performance of a stipulation off settlement of all objections purportedly entered into on February 15, 1972.

The parties to this proceeding, after several'hearings, entered into a purported stipulation which was read into the record. By the terms of the stipulation, inter alia, Leonard Gralasso agreed to purchase for $15,000 the one-fourth interest in certain real property owned by his brother Peter. Less than a month later, Leonard Gralasso notified the objectant’s attorneys that circumstances had arisen which made it necessary for him to withdraw his offer to purchase his interest in the real property. Peter Gralasso then moved for an order directing Leonard to perform all the terms of the alleged stipulation of settlement made in open court and for specific performance of said settlement.

While it is true, as the Appellate Division noted, that stipulations of settlement are favored by the courts and will not be set aside in the absence of fraud or overreaching (cf. Matter of Hecht, 24 A D 2d 1001), we are unable to agree with the Appellate Division that the stipulation, as it appears from the record, was “ definite and complete ” (Matter of Dolgin Eldert Corp., 31 N Y 2d 1, 10). What is clear from the record is that on February 11 and 15, 1972, the parties made an effort to reach such a stipulation. Nevertheless, on both days the parties were unable to agree to the withdrawal of all objections, and it cannot be said that a finally agreed upon stipulation was reached. We find very persuasive in this regard the fact that the Surrogate who participated in the purported settlement remarked towards the end of the February 15 hearing that “ I am still not sure it’s settled.” Counsel for the accountant replied with similar uncertainty, “ I hope this matter will be settled.” As we noted under analogous circumstances in Matter of Dolgin Eldert Corp. (supra, p. 11), “ [a]t best, it was an agreement to agree to the amplified terms of a future writing ”.

Accordingly, the order of the Appellate Division should be reversed, without costs, and the order of the Surrogate’s Court, Bronx County, reinstated.

*322Chief Judge Breitel and Judges Gtabrielli, Jones, Waohtler and Rabin concur; Judge Stevens taking no part.

Order reversed, without costs against the estate or any party, and order of Surrogate’s Court, Bronx County, reinstated.

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