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Matter of Gossett v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 724 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Family Court, Kings County (Pearce, J.).


Ordered that the appeal from the order based upon the stipulation is dismissed, without costs or disbursements, as no appeal lies from an order entered upon a stipulation (see, Baecher v. Baecher, 95 A.D.2d 841); and it is further,

Ordered that the order which denied the appellant's motion to vacate the stipulation is affirmed, without costs or disbursements.

The appellant moved to vacate a stipulation which was entered into in open court and for a hearing on the issues which were then before the court.

The court found, and we agree, that the appellant was represented by counsel of her own choosing and freely and voluntarily agreed to the stipulation, and that there was no undue influence, duress, or overreaching. Mollen, P.J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.


Summaries of

Matter of Gossett v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 724 (N.Y. App. Div. 1987)
Case details for

Matter of Gossett v. Turner

Case Details

Full title:In the Matter of ROBERT GOSSETT, Respondent, v. GAYLE TURNER, Appellant

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 724 (N.Y. App. Div. 1987)

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