Storette v. Storette

Full title: MONIQUE B. STORETTE, Appellant, v. RONALD F. STORETTE, Respondent

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

Date published: Oct 21, 2004

11 A.D.3d 365 (N.Y. App. Div. 2004)

784 N.Y.S.2d 34

Opinion

4380

October 21, 2004.

Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.) entered August 22, 2003, dissolving the parties' marriage and incorporating the parties' settlement agreement, unanimously affirmed, with costs.

Before: Tom, J.P., Sullivan, Williams, Lerner and Sweeny, JJ.

Plaintiff's open-court stipulation contained all of the material terms of an enforceable agreement, any unstated amounts being objectively ascertainable, and was properly enforced absent a showing of fraud, duress or mistake sufficient to invalidate a contract ( see Hallock v. State of New York, 64 NY2d 224, 230). It does not avail plaintiff that she refused to sign the subsequent writing embodying the terms of the oral stipulation ( see Friedman v. Garey, 8 AD3d 129). We have considered and rejected plaintiff's other arguments.