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Arguelles v. Arguelles

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 611 (N.Y. App. Div. 1998)

Opinion

June 29, 1998

Appeal from the Supreme Court, Nassau County (Goldstein, J.).


Ordered that the order is modified, on the law, by deleting the words "without prejudice to defendant's right to bring a plenary action to rescind the stipulation"; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff.

Where, as here, an action has not been terminated, a challenge to a stipulation entered into during the course of the litigation need not be made by commencing a plenary action, but may be made by motion ( see, Zeppelin v. Zeppelin, 245 A.D.2d 504; see also, Teitelbaum Holdings v. Gold, 48 N.Y.2d 51, 56). Accordingly, the Supreme Court erred in concluding that the defendant could challenge the stipulation only by commencing a plenary action.

However, upon review of the merits of the defendant's motion, we find that he failed to demonstrate entitlement to vacatur of the stipulation ( see, Lazich v. Lazich, 233 A.D.2d 425; Cavalli v. Cavalli, 226 A.D.2d 666; Ferraiulo v. Ferraiulo, 221 A.D.2d 412; Morris v. Kavaky, 210 A.D.2d 383).

Ritter, J.P., Thompson, Altman and McGinity, JJ., concur.


Summaries of

Arguelles v. Arguelles

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1998
251 A.D.2d 611 (N.Y. App. Div. 1998)
Case details for

Arguelles v. Arguelles

Case Details

Full title:MARY ARGUELLES, Respondent, v. EUGENE ARGUELLES, Appellant

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

Date published: Jun 29, 1998

Citations

251 A.D.2d 611 (N.Y. App. Div. 1998)
675 N.Y.S.2d 551

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