Wednesday, April 20, 2016

WHEN YOU ENTER INTO A STIPULATION OF SETTLEMENT



D'Iorio v D'Iorio 2016 NY Slip Op 00148 Decided on January 13, 2016 Appellate Division, Second Department:

"The court, however, properly declined to direct the plaintiff to maintain life insurance in the defendant's favor to secure her interest in the plaintiff's pensions, as all matters of equitable distribution were resolved by the partial stipulation of settlement. Judicial review of settlement stipulations should be exercised sparingly (see Sabowitz v Sabowitz, 123 AD3d 794, 795; Brennan-Duffy v Duffy, 22 AD3d 699, 699), and a stipulation that is fair on its face should be enforced unless there is proof of fraud, duress, overreaching, or unconscionability (see Sabowitz v Sabowitz, 123 AD3d at 795; Brennan-Duffy v Duffy, 22 AD3d at 699). Here, the defendant did not establish any basis to modify this provision of the partial stipulation of settlement."

No comments:

Post a Comment