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In the Matter of the Estate of Irace

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 2005
21 A.D.3d 557 (N.Y. App. Div. 2005)

Opinion

2003-07562.

August 22, 2005.

In a proceeding, inter alia, pursuant to SCPA 2103 to discover property allegedly withheld from an estate, Anne Marie DeSimone, also known as Anna DeSimone, appeals from an order of the Surrogate's Court, Suffolk County (Weber, S.), dated July 25, 2003, which denied her motion to vacate a stipulation of settlement and an amended decree of the same court dated July 25, 2001, and to restore the action to the trial calendar.

Linda Tennen Kushner, Huntington, N.Y., for appellant.

Phillips Weiner Quinn, Lindenhurst, N.Y. (James F. Quinn of counsel), for respondent.

Before: Schmidt, J.P., S. Miller, Santucci and Skelos, JJ., concur.


Ordered that the order is affirmed, with costs.

Stipulations of settlement are favored by the courts and a stipulation made on the record in open court "will not be set aside on facts less than needed to avoid a contract, e.g., fraud, . . . [overreaching], mistake . . ., [duress], or some other ground of similar nature" ( Varveris v. Fisher, 229 AD2d 573, 574; see Hallock v. State of New York, 64 NY2d 224; Desantis v. Ariens Co., 17 AD3d 311; Nash v. Y T Distribs., 207 AD2d 779, 780). The record fails to support the appellant's contention that the stipulation of settlement was the product of duress, collusion, mistake, or fraud. Accordingly, the Surrogate's Court properly denied her motion, inter alia, to vacate it.


Summaries of

In the Matter of the Estate of Irace

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 2005
21 A.D.3d 557 (N.Y. App. Div. 2005)
Case details for

In the Matter of the Estate of Irace

Case Details

Full title:In the Matter of the Estate of ANNA E. IRACE, Also Known as ANNA ELIZABETH…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 22, 2005

Citations

21 A.D.3d 557 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 6511
799 N.Y.S.2d 912

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