From Casetext: Smarter Legal Research

Matter of Arzillo

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 701 (N.Y. App. Div. 1996)

Opinion

January 29, 1996

Appeal from the Surrogate's Court, Suffolk County (Signorelli, S.).


Ordered that the order is affirmed insofar as appealed from, with costs payable by the objectant personally.

Settlements entered into in open court are binding and are not lightly cast aside ( see, Hallock v State of New York, 64 N.Y.2d 224, 230; Doppelt v Doppelt, 215 A.D.2d 715). Here, the appellant, who was the decedent's son, explicitly agreed to "accept the sum of $100,000 in full settlement of any and all claims which he may have against the estate, the decedent, and any of the Arzillo Corporations which form a part of this estate". There was no evidence of fraud in the inducement. Accordingly, the appellant's objections were properly dismissed. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.


Summaries of

Matter of Arzillo

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 701 (N.Y. App. Div. 1996)
Case details for

Matter of Arzillo

Case Details

Full title:In the Matter of the Estate of SALVATORE ARZILLO, Deceased. JAMES ARZILLO…

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

Date published: Jan 29, 1996

Citations

223 A.D.2d 701 (N.Y. App. Div. 1996)
637 N.Y.S.2d 462

Citing Cases

Mortg. Elec. Registration Sys., Inc. v. Kontarinis

The appellant contends that the stipulation is invalid and unenforceable, and therefore, the Supreme Court…

Mortg. Elec. Registration Sys., Inc. v. Kontarinis

The appellant contends that the stipulation is invalid and unenforceable, and therefore, the Supreme Court…