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Stevens v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 248 (N.Y. App. Div. 2000)

Opinion

March 17, 2000.

In an action to set aside a stipulation of settlement in a matrimonial action, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Bucaria, J.), entered June 12, 1997, which, after a nonjury trial, is in favor of the defendant and against him, dismissing the complaint.

Roy H. Stevens, Conshohocken, Pa., appellant pro se.

DANIEL W. JOY, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the complaint seeking to set aside the stipulation of settlement in the matrimonial action. There was no evidence that the stipulation was the result of overreaching, fraud, collusion, or mistake, or that its terms were unconscionable ( see, Matter of Dillon v. Dillon, 257 A.D.2d 621; Roth v. Evangelista, 248 A.D.2d 369; Harragan v. Harragan, 204 A.D.2d 686). Moreover, the record supports the Supreme Court's finding that the plaintiff assented to the terms of the stipulation ( cf., Hallock v. State of New York, 64 N.Y.2d 224, 231; 1420 Concourse Corp. v. Cruz, 175 A.D.2d 747).

The plaintiff's remaining contention is without merit.

JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.


Summaries of

Stevens v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 248 (N.Y. App. Div. 2000)
Case details for

Stevens v. Stevens

Case Details

Full title:Roy H. Stevens, appellant, v. Jeanne M. Stevens, respondent

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 248 (N.Y. App. Div. 2000)
704 N.Y.S.2d 835

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